Title
Environmental Management Department recommending the Board:
1) Receive and file a presentation regarding unpermitted roadside food vendor activity in El Dorado County, including state laws governing sidewalk vending (SB 946, SB 972, and SB 635), and
2) Provide direction to staff on any additional enforcement activities, including conceptual approval to revise Ordinance 3642 (Chapter 8.05 County Environmental Health Permit) to address unpermitted roadside vending and recent California Senate Bills.
FUNDING: Environmental Health Fees.
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DISCUSSION / BACKGROUND
Unpermitted roadside food vendors operate without health department approval and inspection, often from makeshift tables, pushcarts, or vehicle trunks. These operations typically lack potable water, toilets, hand washing facilities, refrigeration, approved food sources, and sanitary conditions, creating elevated risks of foodborne illness and environmental nuisances. Local health departments across California warn against purchasing food from vendors who do not display valid permits or placards.
CURRENT LOCAL REGULATIONS
• El Dorado County Ordinance Code (Chapter 5.08): Requires business licenses and payment of fees/taxes.
• Chapter 8.05: Requires food vendors to obtain a Permit to Operate from the Environmental Management Department (EMD), which also satisfies California Health & Safety Code Section 114387 (Retail Food Code) (Attachment A).
• The California Retail Food Code prescribes operational requirements and sanitation standards for food vendors and other food facilities.
STATE LAW UPDATES
SB 946 - Safe Sidewalk Vending Act (Attachment B):
• Decriminalized sidewalk vending statewide.
• Limits local regulation to objective health, safety, or welfare concerns via time, place, and manner rules.
• Defines 'Sidewalk Vendor' as a person selling food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person on a public sidewalk or pedestrian path.
SB 972 Compact Mobile Food Operations (Attachment C):
• Updated the Retail Food Code to create Compact Mobile Food Operations (CMFOs).
• CMFOs operate from small carts or displays and must report to a commissary for daily cleaning and storage.
• CMFOs are regulated by EMD.
SB 635 - Street Vendor Protection Act / Food Vendors & Facilities Enforcement (Attachment D):
• Prohibits collection of sensitive personal information for sidewalk vending or CMFO permits, including criminal history, immigration or citizenship status, place of birth, fingerprinting, or LiveScan.
• Restricts local authorities from sharing vendor records with any outside individual or agency unless required by state or federal law (e.g., warrant, subpoena). Voluntary access is no longer allowed.
• Maintains that all sidewalk vending violations are administrative, not criminal, consistent with SB 946. Penalties must follow the state-defined fine structure.
• Limits location-based restrictions: Local jurisdictions may restrict vending in specific areas only when the restriction is directly tied to an objective health, safety, or welfare concern-not aesthetics, economic competition, or general preference.
Applicability in El Dorado County:
While SB 946 governs sidewalk vending statewide, El Dorado County’s rural environment generally lacks traditional sidewalks or pedestrian paths where such vending would occur. Instead, unpermitted vendors in the County typically operate along road shoulders, highway pullouts, and private property. These locations do not meet the statutory definition of “sidewalk” under SB 946; therefore, these vendors are not protected by SB 946 provisions. Local enforcement authority remains intact under the El Dorado County Ordinance Code and the California Retail Food Code, which require business licenses, health permits, and compliance with food safety standards.
ALLOWED VS. PROHIBITED FOOD PREPARATION UNDER SB 946 AND SB 972
Under SB 946, the following is allowed:
• Prepackaged, non-potentially hazardous foods (PHFs) (chips, candy).
• Prepackaged frozen foods.
• Whole, uncut fruits and vegetables.
The following activities are PROHIBITED under SB 946:
• Any on-site food preparation (e.g., tacos, vertical grills, cut fruit).
• Unpackaged/open foods; foods requiring refrigeration or hot holding.
• Cooking or reheating on-site.
Under SB 972, the following is allowed:
• Limited prep for CMFOs:
• Portioning non-PHF foods.
• Slicing/chopping on a heated surface during cooking.
• Dispensing foods prepared at a commissary.
• Holding prepackaged foods.
The following activities are PROHIBITED under SB 972:
• Full preparation of PHFs without required equipment.
• Raw meat handling without proper sinks.
• Any prep without potable water and sanitation infrastructure.
LOCAL OBSERVATIONS
Unpermitted vendors encountered by staff are conducting food service activities that fall into the prohibited category and are not protected under SB 946 or SB 972.
ENFORCEMENT & COLLABORATION
EMD has formed an Unpermitted Vendor Task Force with:
• County Code Enforcement
• Agricultural Commissioner
• El Dorado County Sheriff’s Office (EDSO)
• Department of Transportation (DOT)
• Treasurer-Tax Collector
• City of Placerville
• City of South Lake Tahoe Police/Code Enforcement
The Task Force meets bi-monthly to share patterns and trends in unpermitted vendor activity, coordinate joint inspections, and use a uniform inspection form covering all relevant codes. In collaboration with the Information Technology Department (IT), a customer-facing map is available for the public to file complaints and view enforcement actions against unpermitted vendors.
ALTERNATIVES
The Board may choose not to receive and file the presentation or further direct staff. If the Board directs staff to expand enforcement efforts against unpermitted food vendors, the Departments involved will need to return at a future meeting with a request for additional staffing and the necessary General Fund allocations to support the increased enforcement.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Agriculture Department, Code Enforcement, Treasurer Tax Collector, Sheriff's Office, Transportation, City of Placerville, and City of South Lake Tahoe Police/Code Enforcement
CAO RECOMMENDATION / COMMENTS
Receive and file as recommended.
FINANCIAL IMPACT
The financial impact of unpermitted roadside vendors is three-fold:
• Loss of Revenue: Unpermitted vendors are not obtaining required business licenses or health permits, which reduces revenue to the respective County funds.
• Limited Penalty Recovery: While penalties can be assessed under Chapter 9.02, unpermitted vendors often fail to provide valid identifying information, making collection difficult.
• Increased Operational Costs: Overtime for Environmental Management staff has been necessary to address unpermitted vendor activity. These costs have been absorbed within the Environmental Health organizational budget, funded by permit fees.
STRATEGIC PLAN COMPONENT
Thriving Economy and Strategic Innovation
CONTACT
Jeffrey Warren, REHS, Director
Environmental Management Department