Food truck operators in Fort Smith need a Mobile Food Establishment permit from the Arkansas Department of Health under the Arkansas Food, Drug, and Cosmetic Act (A.C.A. §20-57-201 et seq.) and the Arkansas Retail Food Establishment regulations, a Fort Smith business license, a current food-protection-manager certification, and zoning compliance for each operating location.
Mobile food vending in Fort Smith is regulated through state health licensing layered on city business licensing and zoning. The Arkansas Department of Health (ADH) - not a county or city health department - administers the Arkansas Rules and Regulations Pertaining to Retail Food Establishments, which adopt the FDA Food Code and require every mobile food unit to hold a Mobile Food Establishment permit. ADH environmental health specialists in the Fort Smith regional office inspect each unit before initial licensure and at least annually thereafter, verifying refrigeration, handwashing, water and wastewater capacity, and the commissary agreement. Operators must hold a current ANSI-accredited food-protection-manager certification (ServSafe or equivalent) for the person in charge. At the city level, every mobile vendor needs a Fort Smith business license through the City Finance Department, and operating locations must comply with the Fort Smith Unified Development Ordinance: mobile food vending generally is not permitted on residentially-zoned streets without a special-event permit, and downtown or right-of-way vending requires authorization through the city's special-event or encroachment process. Sales-tax registration with the Arkansas DFA is required, and prepared-food sales in Fort Smith may be subject to an additional A&P prepared-food tax depending on current Commission resolutions under A.C.A. §26-75-602 et seq.
Operating without an Arkansas Department of Health Mobile Food Establishment permit is a public-health violation enforceable by ADH under A.C.A. §20-57-201 et seq., with administrative fines and a hold order that takes the unit out of service immediately. Operating without a Fort Smith business license is enforced by Code Enforcement under the Code of Ordinances. Zoning violations carry separate citations through Development Services and Fort Smith District Court.
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