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 per...
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