Everett beefed up regulations to curb unpermitted food carts. Other cities might follow

The City of Everett recently passed a law that makes it a jailable offense to operate a food cart without a permit. It’s the second city in the state — after Selah, near Yakima — to involve law enforcement as it cracks down on unlicensed food carts.

Kim Malcom reached out to KUOW’s food reporter Ruby de Luna to hear more about it.

This interview has been edited for clarity.

Kim Malcom: Hi, Ruby. What is Everett trying to address with the new law?

Ruby de Luna: Officials say it’s about public safety and fairness. They heard from business owners like David Bly. He told the council he pays fees for the necessary permits, and his restaurant is required to go through regular inspections. He’s frustrated that unlicensed food stands have been popping up near his business, often after dark, and violating regulations.

“There’s no sink,” said Bly. “There’s no potable water to wash their hands or do any of the refrigeration that I have to deal with.”

That sounds like a public health safety concern. Do we know how many people may have become ill that can be traced to these stands?

I spoke with Kim Van Pelt, director of the Snohomish County Health Department. She said last year, the county had five cases of foodborne illness that can be traced to unpermitted food activity. But she thinks it’s higher than that — because the industry standard is, for every one case reported, that represents 10 others not reported.

So how have public health officials responded?

Typically, they would shut down the operation, but also educate folks on food handling safety and how to get permits. But lately, many are back up operating again a few hours later, in a different location or in the same spot.

Van Pelt says there’s a lot of misperception that these are mom-and-pop operators trying to make a living. While some of that exists, by and large they’re seeing a more concerted, organized effort behind these operations.

“They seem to have centralized kitchens and have vans that bring food to the locations,” Van Pelt told me. “The people selling food really don’t often know who they’re working for, but they’re working for part of a larger operation.”

That sounds shadowy.

It does, because they don’t know who’s behind the operation.

“We can’t compel them to give us their name,” Van Pelt said. “ We’ve tried all sorts of creative things. For example, even trying to trace their license plates but we often find the license plates, the vans are rented vehicles. So we’ve limits on our ability to be effective.”

Van Pelt adds that their authority is limited. They can shut them down with cease and desist orders and impose civil penalties.

Like other counties, Snohomish County has seen a proliferation of these unlicensed food carts. Last year alone, Van Pelt says the agency received 203 complaints compared to 32 in the previous year. But there’s only so much they can do on their own.

So is this where Everett’s new law comes into play?

Yes, the law makes it a misdemeanor to operate a food stand without a permit, which carries a fine of $1,000 and up to 90 days in jail for workers. Employers face tougher penalties and longer jail time. It allows law enforcement to confiscate equipment.

This all takes effect Feb. 26. Of course, this ordinance applies only to Everett. Van Pelt says several municipalities within Snohomish County have been meeting to coordinate their efforts because these operators will likely set up outside of Everett.

I would add that Snohomish isn’t alone; other counties across the state are also grappling with the same issue.

Is the state intervening?

It’s getting involved. The Department of Health is collaborating with local health departments across the state, working on guidance for responding. In an email response, the department said the guidance is still under development, and hopes to have that finalized by April.

Before we go, how can patrons tell if a food cart is licensed?

Food carts should have their permits displayed. In King County there’s usually a food safety placard that indicates it’s gone through health inspection. If you don’t see a permit, you should ask to see it, and if the vendor can’t produce it, it’s likely unpermitted.

Correction: An earlier version in the article inaccurately stated the county received 800 complaints last year.