Senate Bill 972 went into effect Jan. 1 and completely decriminalized sidewalk food vending in California.
Since the California Retail Food Code was amended in 2018, food vendors could not be prohibited in California, but cities could issue criminal citations to vendors that did not have the required health permits. As of this year, cities may issue only administrative fines.
The fine amounts are limited, but the limits go up per offense for subsequent citations within a year of the first. Hearing officers must take the vendor’s ability to pay the fine into consideration when assessing the amount for a first offense. The fine for a second offense may be as high as $100 if the citation is issued within one year of the first offense. By the fourth offense in a year, the cap is $500.
Cities are still able to charge a fee for an operating permit. As of this year, they may also waive or reduce those fees.
Vendors who meet the definition of cottage food operators may now use home kitchens to serve as “mobile support” for carts or stands at two sites – as long as the vendors are endorsed by the local enforcement agency for the ability to safely handle and store food.
The bill was authored by Sen. Lena Gonzalez (D-Long Beach), elected in District 33. “Sidewalk food vending… provides an opportunity for entrepreneurial community members to start from almost nothing and build businesses to support themselves and their families,” she wrote in a fact sheet about the bill.
