The popularity of mobile food operations has surged in recent years and is expected to continue growing. Ranging from large mobile units to pushcarts, these units often operate at temporary events like festivals but are increasingly seeking year-round or seasonal permits.

This section outlines the approval process and unique requirements for mobile food operations, which, unlike fixed establishments, are mobile and lack permanent connections to water, sewage, or electricity.

Operational Requirements of Mobile Food Units

Certifications. All employees are required to maintain valid food handler certifications unless they possess a certified food manager certificate. 

Contact Information. All mobile food units shall keep contact information current.  Contact information includes the primary and secondary contact person(s) telephone number, email, and social media contact information on file with NET Health. It is the responsibility of the mobile food unit operator to notify NET Health if this information changes.

Electrical Systems and Components. Mobile food unit owners/ operators are responsible for ensuring the safety of the electrical systems of the mobile food unit. Remote compressor units that are not an integral part of the food equipment, auxiliary engines, generators, and similar equipment shall be installed on the mobile food unit in an area that is completely separated from the food preparation and food storage and that is accessible for proper cleaning and maintenance. Extension cords shall not be a substitute for permanent wiring. Extension cords shall only be used with small portable appliances. Extension cords shall be properly rated for use according to the manufacturer’s requirements and shall be free from any visible signs of damage. A power supply cord, sized according to the vehicle’s electrical demands with corresponding connections, will be allowed to connect to shore power at a central preparation/commissary facility, temporary event, or food truck park. NOTE: Concerning electricity, wiring, and electrical components, mobile food units operating within the Tyler City limits are also required to comply with any applicable requirements of the current edition of the International Fire Code or successor as adopted by the City of Tyler, Texas, and as enforced by the Tyler Fire Department. 

Equipment. Layout of all equipment, including dispensing units, shall be consistent with the and as amended. 

Floors, Walls, and Ceilings. Floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily clean. All junctures must be properly sealed. 

Identification. The business name and phone number shall be legible, clearly visible to consumers, and permanently affixed on two sides of the mobile food unit. 

Mobility. Mobile food units are designed to be readily movable, controllable, and maneuverable. Mobile food units must completely retain their mobility at all times during operating hours. NET Health prohibits alteration, removal, attachments, additions, placement, or change in, under, or upon the mobile food unit that would prevent or otherwise reduce ready mobility.

• Mobile food units shall not be separated from their form of propulsion during operating hours unless located at a food truck park that has submitted an application to and has been approved by NET Health as a food truck park.
• Mobile food units shall be readily movable upon request.
• Pushcarts shall be movable by one person when the unit is fully loaded.
• Mobile food units operating at a coordinated event that does not allow the removal of the mobile food unit daily shall obtain a temporary food establishment permit for the duration of the event. 

Plumbing.   Mobile food unit owners/operators are responsible for ensuring the safety of the plumbing of the mobile food unit. 

Potable Water – The potable water system shall be compliant with Chapter 5 Part 3 of the 2017 FDA Food Code. The tank must be permanently mounted. The mobile food unit tank inlet shall be ¾ inch inner diameter or less; and be provided with a hose connection of a size or type that will prevent its use for any other service. The fill hose and water holding tank shall be labeled as “Potable water.” 

Wastewater Disposal. Unauthorized dumping of wastewater or grease into the sanitary sewer system, storm drains, or on the ground in conjunction with the operation of a mobile food unit in any way is strictly prohibited and is unlawful. Sewage and other liquid wastes shall be removed from the mobile food unit at the permitted servicing area. Wastewater tanks need to be at least fifteen percent (15%) larger than the total potable water capacity and the tank shall be a permanently mounted retention tank such as those installed on a recreational vehicle (RV).   The liquid waste holding tank shall be labeled as “wastewater.” 

Restroom Access. Toilet rooms shall be located within 500 feet of the mobile food unit and accessible to employees during all hours of operation. 

Utilities.   Any connection to utilities such as electricity, potable water, or sewer is prohibited unless located at an approved food truck park in accordance with the park’s rules or while the mobile food unit is being serviced or stored at its permitted central preparation facility.

"Commissary" Central Preparation Facility and Servicing Area

Commisary is a permitted food facility that acts as the base of operations for a mobile food unit. The Central Preparation/Commissary Facility must be able to accommodate all storage needs or food preparation needs for the facility.   

A central preparation facility provides necessary facilities that cannot be provided by the mobile food unit. Basic Servicing Area services include: 

• Disposal of garbage and grease.

• Provides electrical outlets to support equipment while parked at the commissary.

• Employee Restroom

• Mop sink or cleaning bay for cleaning the vehicle.

• Place to fill fresh water tanks storage of food, wastewater disposal into the sanitary sewer

• It provides a place for overnight parking when the unit is not in operation and it may provide other central preparation-type services depending on the needs of the mobile food unit such as storage of dry goods, foods, and supplies.

• A permitted location to do some or all food preparation. 

The person in charge of a central preparation/commissary facility is responsible for:

• designating all equipment, storage, and preparation areas used by a mobile food unit;
• maintenance and operations of the facility; and keeping a log of each mobile food unit’s daily activities including time of arrival and departure. 

A Commissary Agreement Letter is required to be filed with NET Health to verify facility use if the central preparation/commissary facility is not owned by the mobile food unit operator.  The Commissary Agreement must be renewed annually or if the original commissary agreement is terminated a new agreement must be submitted to NET Health before resuming food service. 

 All out-of-county units shall operate from a permitted central preparation/commissary facility that has similar requirements as other central preparation/commissary facilities in NET Health jurisdiction for the menu items for which the NET Health permit was issued.  Verification from the jurisdiction retail food program department will be requested along with other supporting documentation to verify adequacy.

1. Property Owner Permission & Restroom Access Agreement
2. City Zoning & Business License ensures compliance with local regulations on where you can park and sell.
3. Fire Marshal Approval covers fire and life safety requirements.
4. Health Department Food Permit ensures compliance with food safety regulations.

Mobile Food Permits

• Mobile Food Units will display a NET Health permit sticker in a visible location on the front and rear of the truck. 

• All permits must be renewed each year.  *Health Permits Are Non-Transferable to other owners* 

• Arrangements for inspections, renewals, or change of ownership shall be made by calling the Environmental Health Department at 903-535-0037 or emailing [email protected]. 

Push Cart Permits

• Push Carts will display a NET Health permit sticker on two sides of the pushcart. 

• All permits must be renewed each year.  *Health Permits Are Non-Transferable to other owners* 

• Arrangements for inspections, renewals, or change of ownership shall be made by calling the Environmental Health Department at 903-535-0037 or emailing [email protected].   

Plan Submission and Review

Before operating, all mobile food units must obtain a permit from the local jurisdiction, which in Smith County is NET Health. Plans submitted for approval must demonstrate adherence to the Texas Food Establishment Rules (TFER 2015), based on the FDA 2013 Food Code.

NET Health reviews plans for compliance and may require a variance, HACCP plan, or menu restrictions based on the unit's limitations. A pre-operational plan review and inspection will be conducted before any permit is issued.

Consistency with FDA Guidelines

The review process aligns with FDA recommendations in the 2013 Food Code, which sets standards for safeguarding public health and ensuring food safety. The terminology and requirements follow the Texas Food Establishment Rules (TFER), implemented under District Order 2023-1 within the NET Health jurisdiction.

The following definitions may be referenced along with the definition of a Food Establishment as defined in the Food Code (TFER).

A term from the Texas Health and Safety Code that refers to all permitted mobile food establishments mounted on a vehicle. Synonymous with "Mobile Food Establishment" in the Texas Food Establishment Rules, NET Health uses "Mobile Food Unit" to describe any single mobile food establishment, regardless of type.

Pushcart (Process 1 Type Foods):

• Description: Sells commercially processed packaged food in its original state (e.g., packaged ice cream, cotton candy).
• Requirements: Must be self-contained, no additional setup allowed around the unit. Returns daily to a permitted central preparation facility/commissary.

Pushcart (Process 2 Type Foods):

• Description: Handles unpackaged foods with limited preparation (e.g., hot dogs, sandwiches, shaved ice).
• Requirements: Must be self-contained. Returns daily to a permitted central preparation facility/commissary. Typically a medium risk category.

Limited Package Mobile Food Unit (Process 1 Type Foods):

• Description: Sells commercially processed packaged foods (e.g., frozen steaks, packaged ice cream) and food plates prepared at a permitted facility.
• Requirements: Returns daily to a permitted central preparation facility/commissary. Considered low to medium risk.

Full Service Mobile Food Unit:

• Process 1 Type Foods: Prepares unpackaged foods without cooking (e.g., coffee, deli sandwiches).
• Process 2 Type Foods: Prepares and reheats unpackaged foods for same-day service (e.g., grilled sandwiches, soups).
• Process 3 Type Foods: Involves complex food preparation (e.g., pulled pork, sushi). Requires a HACCP Plan or Variance and is considered high risk.

Fixed Food Establishment (FFE):
A permanently constructed structure permitted for storing, preparing, serving, packaging, or providing food for human consumption at the retail level. Does not include temporary food establishments or mobile food units.

Central Preparation Facility "Commissary" and Servicing Area:
A permitted facility serving as the operating base for a mobile food unit. It provides essential services like vehicle and equipment cleaning, waste disposal, refilling water tanks, and overnight parking. It may also offer food preparation space and supply storage.

Time/Temperature Control for Safety Food (TCS):
Foods that require time or temperature controls to limit the growth of pathogens or toxins. Formerly known as "Potentially Hazardous Food."