House bill would reform food truck regs

A state lawmaker is taking aim at regulations from the Michigan Department of Agriculture and Rural Development that make it difficult for residents to know what licenses they need to sell their homemade products to consumers.

“How many municipal licenses does one business have to have?” Rep. Joseph Aragona, R-Clinton Township, asked about food trucks in an interview with Michigan Capitol Confidential.

Aragona’s legislation, House Bill 5451, passed the House.

Under current laws, said Aragona, a food truck that sets up for a day in one municipality may be subject to inspections even if it has already been inspected elsewhere. If the truck ventures into another town or city, that local municipality may also require the fire department to inspect it for compliance. Food truck operators could endure many inspections depending on where they choose to sell their food.

Groups such as the Mackinac Center for Public Policy have long called on lawmakers to reform the state’s licensing requirements.

“On the whole, Michigan’s occupational licensing rules are arbitrary,” Jarrett Skorup, vice president of marketing and communications at the Mackinac Center, wrote in a 2020 blog post.

Aragona told CapCon he would support a buyer-beware notice requiring sellers to say their products have not been inspected by the state health department.

Food trucks are not the only food sellers subject to regulation. Farm-stand operators also face a maze of regulations.

People do not need a state license to sell produce, such as lettuce, tomatoes, corn, squash, honey, and cakes or pies, which do not require refrigeration. But if that cake needs refrigeration, or the product contains added garlic or herbs, the seller must obtain a state license to avoid violating state law. Farm-stand operators who wish to sell sliced tomatoes also need to get state permission.

Selling breads with shredded cheese does not require a license, but selling breads with soft cheeses or large chunks of hard cheeses does.

The Michigan Department of Agriculture and Rural Development did not respond to a request for comment.