South Dakota Food Truck Permits (2026)

Key Facts

Statute: SDCL 34-18
Regulator: SD Department of Health
License: Required statewide
Penalty: Class 2 misdemeanor

Full Breakdown

SDCL 34-18 and ARSD 44:02 require any food service establishment, including mobile food trucks, push carts, and concession trailers, to hold a state food service license issued by the Department of Health. Operators must meet construction, equipment, water, sewage, and food protection standards from the state retail food code. Inspections occur before licensing and during operation. The license travels with the unit across South Dakota, so a truck licensed by the state may operate in multiple cities, though municipalities may require local business permits, zoning approval, and right-of-way clearances. State licensing preempts only the food safety component, not local zoning.

Violations & Penalties

Operating without a state food license is a Class 2 misdemeanor and grounds for immediate closure. Health violations may result in license suspension, embargo of food, and civil penalties.

Frequently Asked Questions

Do I need a state license if my city already requires one?

Yes. The Department of Health license under SDCL 34-18 is required statewide for all mobile food units. Local permits operate alongside, not in place of, the state license.

Can a city ban food trucks the state has licensed?

Cities cannot override state food safety rules but may regulate location, hours, and zoning for mobile vendors. They cannot waive state license requirements for sanitation.

South Dakota Mobile Food Service Licensing Requirements