Who needs a Texas food truck license?

Under state law, a mobile food vendor is anyone who sells food or drinks from a food vending vehicle for immediate service or consumption, and a food vending vehicle is any vehicle that operates as a food service establishment and is designed to be readily movable (HSC 437B.001). You can't operate as one in Texas without a DSHS license, and each vehicle needs its own license (HSC 437B.051).

Covered

DSHS says food vending vehicles include catering trucks, trailers, pushcarts and roadside vendors, whether self-propelled, towed or vehicle-mounted (DSHS). Examples that meet the requirements:

• A fully enclosed food truck with its plumbing supplied by on-board water tanks
• A fully enclosed trailer built the same way
• A fully equipped pushcart (see pushcarts)

Source: DSHS, Who Should Be Licensed as an MFV.

Not covered, or can't be licensed as an MFV

• Stands and booths aren't food vending vehicles (DSHS).
• Vehicles that aren't "readily movable": on blocks, with skirting, or permanently hooked up to water, sewer, or to electricity or gas as their only power source (DSHS).
• DSHS lists these as not designed to be licensed as an MFV: concession trailers or trucks without permanently attached water tanks, open-air trailers (for example BBQ, kettle corn or roasted corn), vehicles with outward-facing beverage taps, and open-air vehicles without an enclosed prep area (DSHS).

DSHS says those operations should check with their local health department, or may need a temporary food establishment permit, which only covers fairs, festivals, sporting and other special events of up to 14 consecutive days (DSHS).

Still not sure?

The application has a "Function Suitability" screen: if you answer yes to any of its questions, the MFV application isn't the right one for you (DSHS how-to). Or ask DSHS directly:

• Which type am I? / rules questions: DSHS Retail Food Safety Operations, MobileFoodVendor@dshs.texas.gov, 512-406-2644 (DSHS)
• Application and licensing help: Mobile Food Vendor & Retail Licensing, MobileFoodLicense@dshs.texas.gov, 512-834-6727 (DSHS how-to)
• Online payment problems: 877-452-9060 or support@texasgovhelpdesk.com (DSHS how-to)
• Equipment and inspection requirements: Retail Food Safety Operations, 512-834-6753 (DSHS guide)