Temporary Food Establishment Permits

A temporary food establishment (TFE) is defined as operating:

• At a fixed location, with a fixed menu
• Not more than 21 consecutive days in conjunction with a single event or celebration such as the Spokane Interstate Fair or Pig Out in the Park
• Not more than three days per week in conjunction with an approved, recurring, organized event such as a farmers market

Examples of temporary food establishments include food vendors at the following types of events:

• Fairs
• Farmers markets
• Craft shows
• Sporting events
• Fundraisers by community organizations
• Food samplers and demonstrators at approved events
• Other community recognized events

When bringing commercial grade refrigeration for a TFE, how can I connect it to power?

Extension cords or surge protectors can be used. However, the extension cord must go directly from the appliance to the power source. Multiple extension cords or daisy chaining of extension cords is not allowed per the fire code. It does have to be a UL listed power cord with factory-listed ends. Power strips must have overcurrent protection. Check with the local fire department for questions about how to comply with electrical requirements for temporary events.

Are annual permits available for Level 3 TFEs? What is the longest period of time covered by a level 3 permit?

There is no annual option for a level 3 permit. Level 3 permits are event specific, meaning that each permit issued by SRHD can only be used for one event. You can either take out a level 3 permit for a one-day event, or for a multiple day event, up to 21 consecutive days at that one location. The “longest” level 3 permit issued by SRHD is a recurring permit for a single farmer’s market. This permit allows weekly operation at a specific farmer’s market for 12 months from date of issuance.

Example:

If you take out a recurring permit for the Kendall Yards Night Market, you can operate every Wednesday night at the market with one level 3 permit. The permit would be good for 12 months from date of issuance. However, the permit could only be used for operation at the Kendall Yards Night Market.

Is there an annual permit where you can go to multiple events over the course of a year?

Yes, there are options for an annual permit. If you are operating under the level 1 or level 2 permit category, there is an option to have an annual permit. Annual permits allow operators to pay for one annual permit and submit one menu and one application. Once the application and menu are submitted, the operator may not make changes to the menu or operation for the duration of the permit.

Once the permit is issued, operators can attend as many events per year as they want, provided they do not exceed three consecutive days* in a fixed location in a seven-day period.

Only one permit may be issued per booth. If an operator wishes to operate at different farmers markets, they may only do so if there are no overlapping dates and times of operation; otherwise, they would need to get another permit(s).

*The Spokane County Interstate Fair and Pig Out in the Park are exceptions to this rule.

When referring to a WSDA Food Processor’s License, do you have to use your personal kitchen, or should it be a different kitchen than your personal kitchen?

The kitchen must be a different kitchen than your primary domestic kitchen, and it must be a commercial kitchen (i.e., dedicated to commercial food production).

When referring to a WSDA cottage foods permit, do you have to use your personal kitchen?

With a WSDA Cottage Food Permit, you must produce your food products from your primary domestic kitchen.

Can CBD or THC products be sold at public events?

CBD products are really a grey area. There are some allowances for CBD products. We are seeing them pop up in grocery stores and other areas. The answer of “no” is the typical default, more information could be coming out later. Contact the LCB for the most up-to-date information.

On the LCB website, specifically where beer gardens are mentioned, it states that there must be a person in uniform at both the entrance and exit. When they say a man in uniform, do they mean an official uniform?

The LCB does not require a uniformed officer, such as a police officer or fire department official. But they do recommend that the individuals have a uniform that clearly identifies them as a security officer. The important thing is that someone is checking IDs, as most beer gardens are restricted to ages 21 and older. There are allowances for larger beer gardens in which operators are able to receive an addendum to allow minors. Therefore, this is more of a suggestion than a requirement to have clearly uniformed staff.

What should we expect from an inspection from LCB if we have a special occasion license?

You should expect to see the Fire Marshal or maybe the Health Department if relevant. You may also see the LCB. If LCB stops by for an inspection, you are required to have your license posted.

When are certain fire extinguishers needed?

When operating a food booth, operators must have the red ABC fire extinguisher. If you are cooking with any oil or grease, two extinguishers are needed as you must have the class K extinguisher as well. Deep frying or cooking on a griddle are examples of instances where both extinguishers would be needed. Coffee stands or shaved ice stands are examples of operations that may be exempt from fire extinguisher requirements.

If the food vendor is only hot holding food, and not cooking, is there still a requirement for a fire resistant overhead cover?

No. Warming of food with Sterno pans does not require a fire-resistant overhead cover. However, a red ABC fire extinguisher is still required.

Are fire codes in the City of Spokane consistent all over the county?

No, but this is a goal that is being worked towards amongst the municipalities.

If my overhead tent is not fire resistant, is there a way that I can make it fire resistant?

Yes, you can purchase a spray on fire resistant coating that is labeled for use on the fabric type of your tent. You will need to read the instructions for how much area one can of spray covers and purchase the correct amount to saturate your tent appropriately on the top and bottom of the overhead cover. Walls must also be coated if applicable. Once the tent is coated, the receipt for the product and one can of the product must be kept in the booth to be shown at a fire inspection as proof of fire resistance. For effective fire resistance, and to meet the fire code, the coating must be reapplied annually.

Can you change the size of your water tanks on a mobile food truck without going back through L&I review?

Yes, you can apply for an alteration permit through L&I. An inspector would then come out and do an inspection to ensure that the new tanks had been properly installed and mounted.

Can you drive and cook food at the same time? Or drive while towing a smoker with an active flame?

No, you cannot cook and drive at the same time, and you cannot have live fire/coals going while your mobile unit is in motion.

What is the current turnaround time for plans submitted for an individual who wants to start a food truck?

Current wait times are as follows: in the winter months it is usually 2-4 weeks, in the summer months it’s 4-8 weeks. For resubmittals it is 8-10 weeks. Eighty percent of plans fail on the first go-round and must resubmit.

Are Labor and Industries able to recommend consultants to assist with the building and plans for a mobile food truck?

No, as a government agency they cannot recommend private agencies. They can mention the Washington Food Truck committee as a good resource.

What are the average wait times to get an inspection?

Inspection times vary based on location and number of inspectors available.

Is it correct that if you have less than three circuits and no open flame, you do not need to go through L&I to get approval for your mobile unit and that you would be exempt?

If you have an electrical system that is 30 amps/120 volts or less, and you do not have a fire suppression, cooking equipment, a restroom, or a generator you may be exempt. This is confined to very simple units, such as shaved iced units or espresso stands. Those are the most common examples of mobile units that qualify for exemption from L&I. Individuals with exempt mobile food units are still required to get L&I approval for exemption and receive an inspection. They just do not have to go through the plan review process. For more information, you can look at the exemption application on the Labor and Industries website.

If you buy a food truck that already has that L&I insignia, do you have to go through the plan review process again? Or can you go through a process to renew the insignia?

There is no renewal process. Once that food truck receives its insignia, L&I is no longer involved unless it is going through a modification process. Therefore, if you purchase an already-approved mobile unit that has its L&I insignia, you do not have to get it reapproved. We depend on the health department and fire departments to ensure that there are not unpermitted changes that occur over the years or during transfers of ownership.

If a food truck has been altered, who is responsible for reporting it?

It is the responsibility of the owner to report it. If you are purchasing an already approved mobile unit, you can request original plans for the mobile unit to verify that no unapproved changes have been made prior to purchasing the unit.

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