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M E M O R A N D U M

 

Date:      March 27, 2020

To:         All Local Health Departments

From:     Ohio Department of Agriculture, Division of Food Safety

Subject:  Licensed mobile retail food establishments

It has come to our attention that some licensed mobile retail food establishments have been told they are not permitted to operate from their farms or base of operations. This is not the case based on the definition given in 3717.01 of the Ohio Revised Code. 

3717.01 (Q) "Mobile retail food establishment" means a retail food establishment that is operated from a movable vehicle or other portable structure, and that routinely changes location, except that if the establishment operates from any one location for more than forty consecutive days, the establishment is no longer a mobile retail food establishment.

The definition does not give locations as to where a mobile retail food establishment is permitted to set up and sell their food items. There is a requirement that they must be movable and that they can only stay in one location for no more than forty consecutive days at a time. When a mobile retail food establishment sets up to operate it must comply with the requirements shown on the license. It cannot change its setup because it in on the farm or at the base of its operation.

If you have any questions please reach out to the Division of Food Safety at 614-728-6250 or foodsafety@agri.ohio.gov