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Breakdown of Senate Bills 972 and 964

A quick look at how Senate Bills 972 and 946 revolutionized vending in California.

What is SB 946?

SB 946 legalized all California vending in 2018 and allows only for time, place, and manner restrictions directly related to objective health, safety, and welfare concerns.

While cities do not have to create a vending program, vendors are still required to have:

  • Business license
  • California Seller’s Permit
  • Health Permit (if selling food)

What is SB 972?

SB 972 fully decriminalized street food vending in California by decriminalizing violations of the California Retail Food Code. Now, even if vendors fail to meet specific health codes under that standard, they won’t be subject to criminal prosecution.

Further, SB 972 updated the CA Retail Food Code—which had not been designed with vendors in mind—to make it easier for people operating food carts to receive the necessary permits and approvals. Here’s how:

01 Decriminalized street food vending

A sweeping victory

Street food vending is no longer subject to criminal penalties, meaning street vendors who are found selling food without a health permit by Department of Public (DPH) Health inspectors will no longer receive criminal penalties.

State law provides a lot of regulation, but the enforcement power now lies solely with local health departments—not local police. Vendors may also still receive fines and have their food thrown out for not complying with safety standards.

02 Recategorized street food vendors as Compact Mobile Food Operations (CMFO)

Regulations that work for food vendors

Street food vendors are now recognized by state food laws as Compact Mobile Food Operations (CMFOs), which means they’re subject to separate standards designed specifically for vendors.

Vendors may still need to apply for other business permits and comply with local city/county rules, depending on where you sell.

03 Updated health permit requirements to make them easier to acquire

Fewer hurdles to operate legally

CMFOs operating in a space that is 25 sq. ft. or less—who only sell food that has been packaged at a store or an approved facility and does not need to be heated or refrigerated—no longer need a health permit to sell legally.

The law now also allows for the mass approval of carts and pre-approved carts by taking away the blueprint requirement and approval process.

04 Simplified cart approvals

A lower barrier for cart operators

Several guidelines around cart usage and setup have been updated, including:

  • Cart equipment no longer needs ANSI certification
  • Vendors can now chop fruit on carts (except melons) and hot-hold and reheat foods.
  • Vendors can now hot-hold and reheat foods
  • A handwashing sink is still needed for most carts that handle food that is not already whole produce or prepackaged food, however a 3-compartment sink is no longer needed for most food prep (unless you are cooking raw meat and/or seafood).

05 Helped establish commissary and shared prep spaces

Looser restrictions on food preparation and cart storage

With the right registration and permit—Class A or Class B Cottage Food Operation (CFO)—vendors can now make certain food and store vending carts at home.

You may also be able to store food or carts at a permitted restaurant, market, church, or similar space.

Street vendors can also seek additional approved places to prepare their food in an approved commissary space or another approved location.