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South Carolina Statewide Rule

South Carolina Food Truck Permits Under Regulation 61-25

Some RestrictionsApplies statewide across South Carolina (2026)

Key Facts

Enabling statute
S.C. Code 44-1-140
Permit rule
Regulation 61-25 permit required
Applies to
Mobile food unit and commissary
Registration
SC Dept. of Agriculture
Penalty
$200 fine or 30 days
Last verified: July 31, 2026

Summary

Every food truck in South Carolina is a mobile food establishment that must hold a valid permit under Regulation 61-25 before serving the public. Each unit runs from an approved commissary, and retail food registration now goes through the state Department of Agriculture.

a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Public Health, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.

Full Breakdown

South Carolina folds food trucks into its retail food establishment rules. Section 44-1-140 lets the state public health department write the food code that governs 'restaurants, cafes, drugstores, hot dog and hamburger stands, and all other places or establishments providing eating or drinking facilities.' That code, Regulation 61-25, bars anyone from running a retail food establishment without a valid permit to operate, and a mobile food unit must be permitted as an extension of an approved commissary. Retail food registration is handled through the South Carolina Department of Agriculture at retailfoodregistration.agriculture.sc.gov.

Violations & Penalties

Running a food truck without a valid permit breaches Regulation 61-25 and Section 44-1-150: a misdemeanor punishable by a fine up to two hundred dollars or thirty days in jail, plus civil penalties up to one thousand dollars per day per violation.

Frequently Asked Questions

Do food trucks need a state permit in South Carolina?
Yes. Regulation 61-25 requires a valid permit to operate any retail food establishment, and a mobile food unit must be permitted as an extension of an approved commissary.
Who issues food truck permits in South Carolina?
Retail food registration and permitting run through the South Carolina Department of Agriculture at retailfoodregistration.agriculture.sc.gov. The underlying food code is authorized by Section 44-1-140.
What is the penalty for operating without a permit?
Under Section 44-1-150 it is a misdemeanor: a fine up to two hundred dollars or thirty days in jail, plus civil penalties up to one thousand dollars per day.

Sources

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