By: Alexandra Keen-Tellez
There inevitably comes a time when every restauranteur or catering owner considers expanding their business. Food trucks are not only an increasingly trending way to sell food but also a smart way to expand an existing restaurant or catering business.
Choosing to open a food truck instead of a more traditional path to expand your business has several advantages, like less overhead costs. Presently, 30% to 40% of existing food trucks are owned and operated by established restaurants. Food trucks can broaden your customer base, increase profits, and allow for more creative flexibility. However, navigating this path can be confusing even for the most seasoned restauranteur. This post compiles a list of resources and guidelines for opening a food truck in Pennsylvania to assist you on this path. While it is not a comprehensive list, it is a great starting point for you and your potential new food truck.
The Good News?
Already having your own established restaurant or catering business gives you an edge. You already understand the industry, food safety, and health guidelines. You also already have an established reputation. Your food truck will require separate licensure but similar, if not the same, safety standard requirements. For example, you must adhere to fire codes and waste disposal requirements. Licensing and registering your food truck in Pennsylvania will be significantly easier with your experience, although it will not be without challenges.
Licensing and Permits
Pennsylvania requires food trucks to have the following licenses and permits:
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- Business License
- Public Health License
- Food Handlers License
- Mobile Food Facility Permit
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You will need a separate business license for your food truck from your already established business. You will also need to comply with all Department of Motor Vehicle requirements, such as a valid driver’s license and insurance for your vehicle. Hopefully, you are already familiar with Pennsylvania’s food handlers license (employee health permit) which is the necessary food safety certification that all employees handling food must obtain.
Unfortunately, there is no state standardization for local health department licensing, which means that specific and individual registration in each jurisdiction’s local health department where you want to sell food is required. Notably, Philadelphia and Berks County do not operate under the Department of Agriculture. Instead, they have their own requirements for licensing and permits to operate a food truck in their jurisdictions.
While your restaurant or catering business needs a retail food facility license, food trucks require a Mobile Food Facility Permit (MFFP). All mobile food facilities selling food that is not commercially prepackaged require an MFFP. The Department of Agriculture issues the MFFP permits and classifies them into four types. An MFFP permit ranges from $103-$241. Your food truck will likely be classified as a Type 3 or Type 4 MFFP, although it will largely depend on the food you want to sell. A Type 4 MFFP is for any complex food preparation or ‘a kitchen on wheels.’ Whereas, a Type 3 MFFP is for more simple cooking procedures like reheating a commercially processed food item. A Type 3 MFFP may require a commissary depending on the approval of your application and inspection. However, a Type 4 MFFP will absolutely require a commissary.
Do I need a commissary for my food truck?
You will more than likely need a commissary for your food truck. In PA, the commissary requirement depends on the classification of your food truck. What is a commissary? A commissary is a permanent and fixed operating base location to which your food truck returns to regularly to help or maintain the operation of said food truck. Maintenance can include: discharging liquid or solid wastes, vehicle and equipment cleaning, refilling water tanks and ice bins, and boarding food. A commercial commissary cannot be a residential, personal-use kitchen.
The personal-use exclusion means that having a pre-established restaurant or catering business will give you an edge since you do not have to worry about the separate costs of a commissary. Instead, you can register your commercial-grade kitchen as a commissary for your food truck. However, this will require the floor plan and all relevant information about your kitchen, now commissary, to be submitted with your application. During this process, there might be an additional food establishment application required.
It should be noted that the Department of Agriculture has a lot of discretion in approving your MFFP, including potentially restricting the proposed menu based on the limitations of your food truck.
FINAL considerations
There are several benefits to opening a food truck to expand your business, such as increased flexibility and lower operating costs. However, there are two important considerations to keep in mind while planning your food truck, such as where you hope to operate and for how long.
Where do you want to operate?
As mentioned earlier, several counties in Pennsylvania have their own process for licensing and registering your mobile food business. Some jurisdictions, like Bucks County, require a permanent commissary for any food truck to operate regardless of the classification type. Therefore, you must consider where you want to run your food truck, as it could mean several different licensing and permit requirements.
How long would you like to operate?
If you want to set up your food truck in a permanent lot or in a fixed place for long periods, it may require separate licensure as it may no longer be classified as ‘mobile’. Currently, a mobile food business is limited to 14 days or less in one fixed location. Additionally, operating your food truck at a special event or fair may require a temporary event license.
Conclusion
Opening a food truck is a great way to expand your restaurant or catering business. It can be significantly cheaper and provide more flexibility than your standard brick-and-mortar restaurant. It can allow for more creativity in the kitchen by giving you an opportunity to expand or change your menu and ‘test’ new recipes more frequently. Operating a mobile restaurant allows you to broaden your current customer base, such as reaching customers who might never have had the opportunity to try or experience your food. While a food truck can have its separate challenges, diligence, planning, and an adaptable mindset will help you and your food truck thrive.
This post has been reproduced and updated with the author’s permission. It was originally authored on February 8, 2024 and can be found here.
Alex Keen-Tellez, at the time of this post, is a second-year law student at Penn State Dickinson Law. She is interested in practicing business and corporate law. In her free time, she enjoys writing, baking, and cooking. Her favorite past time is traveling and she aspires to go to South Korea someday.
Sources:
PA Department of Agriculture – Mobile Food Facilities Application Packet
Food Truck Laws and Regulations
Park Up In PA: Your Ultimate Guide To Food Trucks In Pennsylvania
Supplemental Income: How to Expand Your Restaurant with a Food Truck
5 Food Truck Licenses and Permits Required in Pennsylvania
Curious How Much It Costs to Start a Food Truck?
Mobile Food Facilities, Fairs and Temporary Events
Pennsylvania Online Business Tax Registration
How To Get A Business License In Pennsylvania
