Expanded Safety Regulations for Food Trucks: What New York Municipal Officials Need to Know
Before 2000, food trucks were rarely seen in the Hudson Valley. The occasional hot dog truck or a canteen truck that visited construction sites at meal breaks could be found, but that was about it. And of course, there was the ubiquitous ice cream truck.
But now, in 2024, municipalities have food truck festivals and specific locations for food trucks to park and conduct business. For example, the Jefferson Valley Mall in Yorktown has food trucks regularly in its parking lot. Some municipal parks have replaced concession stands with food trucks. The food truck industry is expanding rapidly.
The popularity of food trucks has necessitated state and local governments enacting appropriate regulations to protect the health, safety, and welfare of the public. The focus of this blog is recent safety regulations adopted under the Fire Code of the State of New York, but there are other regulations governing food trucks.[1]
Regulation of Mobile Food Preparation Vehicles under the Fire Code
The Uniform Code typically does not regulate vehicles, but since the adoption of the 2020 Fire Code of the State of New York (“2020 FCNYS”) food trucks have been regulated. Food trucks fall under the 2020 FCNYS definition of Mobile Food Preparation Vehicles (MFPVs):
Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.
2020 FCNYS § 319 sets out the detailed specifications that MFPV’s must adhere to. All MFPVs must comply with the operational and maintenance provisions of 2020 FCNYS § 319.[2] The operational and maintenance provisions require food truck operators to obtain operating permits from the local building department and the MFPV must meet certain safety requirements. Portable fire extinguishers must be provided, and cooking oil must be stored so that it cannot be toppled during transport. The regulations limit the amount of liquid propane or compressed natural gas that can be stored in the MFPV for cooking appliances, the gas systems shall comply with the national fire code and be inspected annually. Exhaust hoods shall be cleaned regularly and inspected every six months.
MFPVs legally existing prior to May 12, 2020, are not required to comply with the construction and design provisions of the 2020 FCNYS § 319, but new MFPVs must. New MFPVs must have commercial kitchen hoods and automatic fire extinguishing systems similar to those in a restaurant. Gas cooking appliances shall have connectors that comply with industry standards and the appliances shall be properly restrained. Cooking oil storage tanks shall be vented properly, and the system must comply with applicable standards. These standards are implemented to prevent fires and injuries.
Operating Permits for MFPVs
Municipalities that have chosen to administer and enforce the Uniform Code must issue operating permits for Mobile Food Preparation Vehicles. See 19 NYCRR § 1203.3(g)(1)(ii)(m) and 2020 FCNYS § 319.2. The requirement for an operating permit for an MFPV went into effect on December 30, 2022, with repeal of 19 NYCRR Part 1203 and the adoption of a new Part 1203 to implement new requirements of the 2020 Uniform Code. The new 19 NYCRR Part 1203 incorporates many changes to the program for the administration enforcement of the Uniform Code.
In order to issue an operating permit for an MFPV, the vehicle must be inspected by the local municipality for compliance with 2020 FCNYS §319. The municipality would have to train its staff to conduct the inspections or contract out the inspections to a third party.
Author James P. Horan, Esq. is a skilled attorney with extensive experience with the NYS Uniform Code. He has drafted Local Laws implementing the Uniform Code and has prosecuted and defended cases involving the application of the Uniform Code. Mr. Horan has practiced law for 30 years and has been a municipal attorney for over 19 years.
[1] The New York Health Department regulations at Title 10 Sub Part 14-4 – regulates Mobile Food Service Establishments and Pushcarts. Local zoning and peddling laws may also regulate the operation of food trucks in a local municipality.
[2] New York State Department of State, Division of Building Standards and Codes, TB-3006-FCNYS, effective date May 12, 2020.
This is not to be considered legal advice. Please reach out to an attorney for information regarding your specific situation.
James P. Horan is senior counsel concentrating in land use, e
nvironmental, and municipal law.
He can be reached by phone at 845-764-9656 or by email.