This information is provided for people who are interested in obtaining a permit to operate a mobile food unit or pushcart in North Carolina. The requirements are set forth in the "Rules Governing the Sanitation of Food Service Establishments", 15A NCAC 18A .2600. These requirements must be met in order to obtain a valid pushcart or mobile food unit permit.

Pushcarts and mobile food units must operate in conjunction with a permitted food-handling establishment, usually referred to as a "commissary". Restaurants and food stands are the most commonly used types of commissaries. The commissary must provide written documentation to the health department stating their agreement to allow use of their establishment for the purpose of servicing the pushcart or mobile food unit. The pushcart or mobile food units must return daily to the commissary to obtain potable water, empty gray water, and wash and sanitize utensils and equipment utilized by the unit. For mobile food units, a potable water hose shall be provided and must meet National Sanitation Foundation food-grade specifications and be stored in a sanitary manner. Wastewater must be emptied into approved wastewater facilities, such as a can wash drain or other approved manner.

If it is found that the commissary does not have adequate facilities to service the pushcart or mobile food unit, a permit will not be issued. The mobile food unit or pushcart must operate in conjunction with a commissary whose hours of operation allow that mobile food unit or pushcart access to the facility for servicing. A daily record of visits is recommended to be maintained at the restaurant.

Furthermore, no foods to be served by the pushcart or mobile food unit can be prepared at home. All foods must be prepared on site or at the commissary and the leftovers must be thrown away at the end of the day. Only hot dogs or commercially pre-cooked sausage can be prepared on a pushcart. Coleslaw and chili must be stored in their original containers, unless prepared by the commissary. This also must be documented.

Mobile food units must have electricity available to support equipment holding cold or hot foods and maintaining hot water requirements. By definition, a mobile food unit is a "vehicle mounted food service establishment designed to be readily moved." These units can prepare a variety of foods but must also meet equipment requirements. For example, mechanical refrigeration and an on-board water system with a water heater are required, as well as a hand wash sink and a minimum one basin utensil sink. In contrast, pushcarts can only prepare hot dogs and serve pre-wrapped sandwiches prepared by an approved facility, labeled and documented according to rule .2639 (d), (e), and (f).

The following are the requirements, general and specific, for each type of food service unit.

.2638 GENERAL REQUIREMENTS FOR PUSHCARTS AND MOBILE FOOD UNITS

(a) A permit shall be issued by the local health department which provides sanitation surveillance for the restaurant or commissary from which the pushcart or mobile food unit is to operate, if the local health department determines that the pushcart or mobile food unit complies with these Rules.

(b) The permit shall be posted on the pushcart or mobile food unit. Grade cards shall not be posted.

(c) The local health department which issues the permit shall be provided by individuals receiving a permit a list of counties and locations where each pushcart or mobile food unit will operate.

(d) Individuals receiving a permit to operate a pushcart or mobile food unit shall provide the local health department in each county in which food service operations are proposed a list of locations where they will operate. Such lists must be kept current.

(e) Prior to initiating food service operations in a particular jurisdiction, the operator of the pushcart or mobile food unit shall submit to that particular jurisdiction such carts or units for inspection or reinspection to determine compliance with this Section.

(f) Pushcarts or mobile food units shall operate in conjunction with a permitted restaurant or commissary and shall report at least daily to the restaurant or commissary for supplies, cleaning, and servicing. Facilities, in compliance with this Section, shall be provided at the restaurant or commissary for storage of all supplies. The pushcart shall also be stored in an area that protects it from dirt, debris, vermin and other contamination. Water faucets used to supply water for pushcarts and mobile food units shall be protected to prevent contact with chemicals, splash and other sources of contamination. Solid waste storage and liquid waste disposal facilities must also be provided on the restaurant or commissary premises.

(g) All foods shall be obtained from approved sources and shall be handled in a manner so as to be clean, wholesome, and free from adulteration.

(h) All potentially hazardous foods shall be maintained at 45 F (7 C) or below or 140 F (60 C) or above, or as required in Rule .2609 of this Section. A metal stem-type thermometer accurate to ± 2 F. (± 1 C.) shall be available to check food temperatures.

(i) Only single-service eating and drinking utensils shall be used in serving customers. Single-service items must be properly stored and handled.

(j) All garbage and other solid waste shall be stored and disposed of in an approved manner.

(k) Employees shall be clean as to their person and foodhandling practices. Clean outer clothing and hair restraints are required.

(l) No person who has a communicable or infectious disease that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or an acute respiratory infection with cough and nasal discharge, shall work with a pushcart or mobile food unit in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces, with disease-causing organisms or transmitting the illness to other persons.

(m) All equipment and utensils shall be easily cleanable and kept clean and in good repair.

(n) The pushcart or mobile food unit shall be kept in a clean and sanitary condition and be free of flies, roaches, rodents, and other vermin.

.2639 SPECIFIC REQUIREMENTS FOR PUSHCARTS

(a) Only hot dogs shall be prepared, handled, or served from a pushcart; however, foods which have been prepared, pre-portioned and individually pre-wrapped at a restaurant or commissary may be served from a pushcart.

(b) Food and utensils on the cart exposed to the public or to dust or insects shall be protected by glass, or otherwise, on the front, top, and ends, and exposed only as much as may be necessary to permit the handling and serving of hot dogs.

(c) Toilet facilities, lavatory facilities, and running water are not required. Single-service towels are required.

(d) The permit applicant or permittee shall provide documentation to the Department which demonstrates the ability of all pre-portioned, individually pre-wrapped foods placed on the pushcart to hold temperatures under conditions approximating actual use, for the time periods specified by the permit applicant.

(e) Each pre-wrapped food item shall bear the name of the restaurant or commissary at which it was prepared, the name of the food item and the time and date of expiration. The wrapper shall enclose the food at all times but sealing is not required.

(f) Pre-portioned, individually pre-wrapped food that remains after the specified time period has elapsed shall not be sold for human consumption.

(g) Pushcarts shall not be provided with seating facilities.

(h) Pushcarts shall not be used for consumer self-service.

.2640 SPECIFIC REQUIREMENTS FOR MOBILE FOOD UNITS

(a) The mobile food unit shall be constructed and arranged so that food, drink, utensils, and equipment will not be exposed to insects, dust, and other contamination. Protection against flies and other insects shall be provided by screening or by effective use of fans. Where food or griddles are exposed to the public or to dust or insects, they shall be protected by glass, or otherwise, on the front, top, and ends, and exposed only as much as may be necessary to permit the handling and serving of food.

(b) A mobile food unit shall have a potable water system under pressure. The system shall furnish hot and cold water for all food preparation, utensil cleaning, and handwashing. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil, or grease and it shall be kept capped unless being filled.

(c) Water heating facilities shall be provided.

(d) Handwashing lavatory with hot and cold water, combination supply faucet, soap, and single-service towels shall be provided.

(e) At least an approved single-compartment sink shall be provided. This sink shall be of sufficient size to submerge, wash, and rinse cooking utensils and shall have splashback protection and drainboards that are an integral part of, and continuous with, the sink. These drainboards shall be of sufficient size to accommodate the drying of washed utensils. However, in cases where no food is prepared on the mobile food unit and all utensils are effectively cleaned at the restaurant, the equipment sink is not required.

(f) Sewage disposal must be provided either by means of an approved sewage disposal system or approved sewage storage tanks. Sewage storage tanks must be maintained in a manner so as not to create a health hazard or nuisance and to prevent contamination of foods or water supply. Toilets are not required on the unit. Liquid waste that results from the operation of a mobile food unit shall be disposed of in an approved sewage disposal system or stored in a permanently installed sewage storage tank that is of at least 15 percent larger capacity than the water supply tank. Liquid waste shall not be discharged from the sewage storage tank when the mobile food unit is in motion. All connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system.

(g) A servicing operations area shall be established at a restaurant for the mobile food unit. Potable water servicing equipment shall be installed, stored, and handled to protect the water and equipment from contamination. The mobile food unit's sewage storage tank shall be thoroughly flushed and drained during servicing operation. All sewage shall be discharged to an approved sewage disposal system.

A complete copy of the "Rules Governing the Sanitation of Food Service Establishments" 15A NCAC 18A .2600 can be viewed and downloaded at the following website http://www.deh.enr.state.nc.us/ehs/rules.htm

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