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Upper Darby, PA Food Trucks & Mobile Vendors: Food Truck Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required from
Dept. of Public Health
Annual fee
$150 (mobile food establishments)
License term
One calendar year, not transferable
Renewal deadline
30 days before expiration
Appeal path
Township Council, then Court of Common Pleas

Summary

Upper Darby requires a Department of Public Health license before operating any food establishment, a definition that expressly includes a vehicle used to sell or prepare food. Mobile food establishments pay a $150 annual license fee under the Township's fee schedule.

It shall be unlawful for any proprietor to conduct or operate a food establishment within Upper Darby Township without first obtaining a license, as herein provided. Such license shall be issued by the Department.

Full Breakdown

vehicle or any other place where food, drinks or refreshments are served, sold, handled or prepared,' which reaches food trucks and carts directly. Section 328-4 makes it unlawful for a proprietor to conduct or operate a food establishment in the Township without first obtaining a license from the Department, which is the Township's Department of Public Health under this chapter. No license issues until the Department inspects the premises, facilities and equipment and finds them adequate to protect public health. The Township's separate Fee Schedule (§ 290-5) sets an annual fee of $150 for 'all mobile food establishments,' the same flat rate applied to nonprofit facilities with current 501(c)(3) status, regardless of the square-footage tiers used for fixed restaurants.

Licenses are valid for one calendar year, are not transferable, and a renewal application must be filed 30 days before expiration; after a compliance inspection the Department issues the renewal. If a license application is denied, the Department must state its reasons in writing, and the Department may not issue a license until the applicant satisfies the chapter's requirements.

Violations & Fines

The Department may revoke or suspend a license if, after inspection and an opportunity to be heard by Council, a licensee fails to correct a violation within a reasonable interval; refusing to allow a Department inspector access causes immediate suspension. A licensee or applicant who is refused or loses a license may appeal to Township Council within 30 days of written notice, and a further appeal lies to the Delaware County Court of Common Pleas.

Frequently Asked Questions

Does a food truck need a Department of Public Health license in Upper Darby?
Yes. Chapter 328 defines a food establishment to include a vehicle where food is prepared or sold, and § 328-4 makes it unlawful to operate one without a license issued after inspection.
How much is the annual mobile food establishment license fee?
The Township's fee schedule sets it at $150 per year, the same flat rate used for nonprofit food facilities, rather than the square-footage tiers used for fixed restaurants.
Can the Township deny or revoke a mobile food establishment license?
Yes. The Department can refuse to issue a license or revoke/suspend one for uncorrected violations, but must give written reasons, and the licensee can appeal to Township Council and then to the Court of Common Pleas.

Sources & Official References

Other rules in Upper Darby

All Upper Darby rules

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