Running a Food Truck in California: Laws and Regulations

California’s food truck community continues to grow, offering everything from regional street food to upscale tasting menus on wheels. Before you commit to a menu or invest in equipment, it’s important to understand all applicable California food truck regulations.

Running a food truck business involves more than purchasing a vehicle and securing a location. You will need the correct food van permits, a California seller’s permit, and approval from local health departments. You’ll also need to know how California food truck laws apply to your daily operations.

This guide explains food truck licenses and permits, and the main regulations under the California Retail Food Code (CalCode), effective January 2025. By the end, you should have a solid grasp on what permits are required for a food truck and how to start a food truck business in California.

What Counts as a Mobile Food Facility in California

Under CalCode, a “mobile food facility” includes motorized food trucks, trailers, and food vans equipped to store, prepare, and serve food. These operations fall under many of the same sanitation and structural standards that apply to restaurants. Health departments oversee the permitting and inspection process, approving each vehicle before it can operate. This structure ensures that every California food truck meets statewide food safety expectations.

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Business Setup: Licenses and Core Registrations

Local Business License

Most cities and counties require a food truck business license or business tax certificate before a truck can operate within their boundaries. If you operate in several cities, you may need multiple local licenses. Many owners also file a DBA when their food truck business uses a name different from the owner or entity name.

Vehicle Registration and Driver Requirements

Food trucks must be registered and insured through the California DMV just like any other vehicle. Most operators do not need a Commercial Driver’s License (CDL). A CDL is only required for vehicles that exceed state weight thresholds or fall under special categories, which is uncommon for standard food truck builds.

EIN and Business Structure

If you plan to hire employees, you will need an Employer Identification Number (EIN) for payroll and tax reporting.

California Seller’s Permit

Any food truck selling taxable food or beverages must register for a California seller’s permit. This requirement applies to nearly all mobile vendors selling hot prepared food. You can apply directly through CDTFA’s online system or use a convenient online filing service like FastFilings to simplify the process.

A seller’s permit in California must be displayed at your place of business. For a food truck, this typically means posting it inside the vehicle. The permit also needs to be updated whenever you change your business address, ownership structure, or commissary location. If the business closes or a truck is sold, the State of California requires the permit to be closed out and a new permit issued to the new owner.

Temporary seller’s permits are available for short-term operations at a single location. These may apply to seasonal events or festival-only vendors.

Seller’s permits are not transferable. If you buy, sell, or close a food truck business, you must notify CDTFA, close the existing permit, and obtain a new one.

Health Permits and Food Safety Requirements

Mobile Food Facility Health Permit

Before opening a food truck or food van, you must obtain a food permit in California from the county or city environmental health department. The permit requires plan review under CalCode to confirm that the truck’s layout, equipment, ventilation, plumbing, and refrigeration meet structural standards.

The truck’s food permit must be displayed in plain view inside the vehicle. Many counties also issue a certification sticker or inspection decal that must be placed on the exterior of the truck where customers and inspectors can easily see it. These decals vary by county but function as visible proof that the food truck has passed inspection and holds a current health permit.

Health departments also approve your proposed menu. If your appliances cannot safely support a particular food category—such as deep frying or raw animal products—you may be restricted from serving those items.

Commissary Requirements

Most mobile food facilities must operate from an approved commissary or licensed commercial kitchen (with limited exemptions for prepackaged-only operations). A commissary typically provides storage, cleaning facilities, potable water, wastewater disposal, and often overnight parking.

You may need to present a signed commissary agreement during inspections.

Food Handler Cards and Manager Certifications

Most food truck employees must have a California Food Handler Card within 30 days of hire. Some counties run their own training programs. Depending on the truck’s menu and county rules, a certified Food Protection Manager may also be required.

Sanitation, Waste, and Grease Control

Trucks must provide customer trash bins, keep service areas clean, and dispose of grease and wastewater through approved systems under CalCode.

Sales Tax Rules for Mobile Food Vendors

Location-Based Tax Rates

Food truck sales are taxed based on the location of each sale. A California food truck may operate in multiple jurisdictions in a single day, leading to different tax rates at each stop. California’s statewide rate is 7.25%, but district taxes can raise the total considerably. Trucks without a fixed business location may allocate local tax through countywide pools as allowed by CDTFA.

Taxable vs Non-Taxable Food

Under CDTFA’s mobile vendor guidance:

Taxable: Hot prepared foods, sodas, and combo meals that include hot items
Not taxable: Cold sandwiches, smoothies, ice cream, hot bakery goods, and coffee or tea to-go (unless the 80/80 rule applies)

If a food truck provides tables, chairs, or any dining furniture for customer use, all sales made in that area—hot or cold—are treated as taxable.

All food sold at venues that charge admission, such as fairs, concerts, swap meets, and trade shows, is fully taxable under CDTFA rules, regardless of whether the item would normally be exempt.

The 80/80 Rule

When 80% of your sales are food and 80% of those food items are taxable, CDTFA may apply the 80/80 rule. If the rule applies and you do not separately track exempt cold to-go food, all sales may become taxable. Good recordkeeping protects your margins and ensures accurate reporting.

Tax-Included Pricing

Food trucks may use tax-included pricing, but CDTFA considers all taxable items tax-included unless tax is separately stated. You must “back out” tax using the appropriate district rate when filing returns.

Zoning, Parking, and Fire Code Rules

Local zoning rules may dictate where trucks may operate, the distance required from restaurants or schools, and the hours during which food truck service is allowed. Some cities require separate food truck permits from police or fire departments. Fire inspections may also be required for propane systems, generators, hood systems, and fire extinguishers. When the truck is not in service, some cities require designated overnight parking or storage locations.

Insurance, Employment, and Operations

Food trucks generally carry commercial auto insurance, general liability insurance, and product liability coverage. If you hire employees, you must comply with California wage-and-hour rules, register for payroll taxes, and secure workers’ compensation insurance.

Recordkeeping and Reporting Expectations

Food trucks must track sales by location, document cold food sales for exemption purposes, and maintain organized records for at least four years. CDTFA may audit a seller’s permit account during the life of the business or at close-out.

How Our Filing Service Helps With Your California Seller’s Permit

You can always apply for a seller’s permit for a food truck directly through CDTFA. Many owners, however, prefer a guided process that reduces delays and organizes business information in one place.

FastFilings is a private B2B filing service—not a government agency—that assists with preparing and submitting applications such as the State of California seller’s permit. We make it easy to apply for key California business filings needed to open your own food truck business. Our service fees do not include government agency fees.

Once you have obtained your seller’s permit, local business license (“food van license”), and other permits needed for a food truck, you’re just about ready to hit the road with your new business venture. Now you can focus on refining your menu and mapping out your food truck hours as you begin serving customers throughout California.

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