Food trucks operating in unincorporated New Castle County require a NCC business license plus a mobile food establishment permit from the Delaware Division of Public Health, Office of Food Protection (16 Del.C. Chapter 1, Food Code). Annual inspection, commissary agreement, and Delaware ServSafe-equivalent food handler certification required. Wilmington and Newark have separate permits.
Mobile food vendors in New Castle County must comply with both state and county requirements. The primary health authority is the Delaware Division of Public Health (DPH), Office of Food Protection, which enforces the Delaware Food Code (adopted under 16 Del.C. §122 and the Delaware Administrative Code). Food trucks must obtain a Mobile Food Establishment Permit from DPH, which requires: plan review of the truck, a commissary agreement with a permitted commissary for food prep, water, and waste handling, annual inspection, and at least one certified food protection manager (CFPM) on staff. Handwashing station with hot water, refrigeration, and a Class K or appropriate fire extinguisher are mandatory. Delaware does not have a statewide mobile food business license; vendors need a Delaware business license from the Division of Revenue (30 Del.C. §2301) and New Castle County may require a local zoning-tied vending registration for operation in unincorporated areas. Wilmington, Newark, and Middletown operate separate municipal mobile vendor permits. Propane and generator systems require inspection under the Delaware State Fire Marshal (16 Del.C. §6601). Liability insurance of $1M+ is standard for private event bookings. Annual renewal with re-inspection required.
Operating without DPH mobile food permit: closure order, $500 to $2,000 fine, misdemeanor possible under 16 Del.C. Operating without Delaware business license: 30 Del.C. tax enforcement and penalties. Health violations: immediate closure, re-inspection fees $100 to $500. Fire code violation: State Fire Marshal citation.
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