Food Truck License North Dakota: All Permits Required to Operate a Food Truck in ND

 

North Dakota has some of the most flexible food truck licensing requirements in the country. Most counties have reciprocity agreements, allowing food truck owners to operate across county lines without needing additional permits. With regulatory barriers reduced, food truck owners have more freedom to expand to new markets and grow their operations.

However, it’s still important for food truck owners to understand and comply with any local permit and licensing requirements that may apply. By completing your paperwork, you assure the government that you can meet the state’s standards of food safety and financial fairness.

North Dakota food truck requirements checklist

The process of obtaining a food truck license in North Dakota is comprehensive but straightforward. There are only a few steps, with the most comprehensive being the mobile food unit application. We’ve summarized the key steps below:

 

1. Register your business, including a trade name or DBA if applicable
2. Acquire a sales and use tax permit
3. Apply for a mobile food unit license. Your application packet should include:
   1. Application form
   2. Proposed menu
   3. Food truck floor plan
   4. HACCP plan (if applicable)
4. Submit a commissary agreement (if applicable)

Our guide will explore each requirement in greater depth, explaining what it is, how to obtain it, and why it’s important.

1. Business registration

The first step in starting a food truck business is registering your business entity with the North Dakota Secretary of State. This process establishes your business as its own legal entity, separating it from you as an individual (except if you are a sole proprietor operating under your legal government name).

Business registration in North Dakota involves the following steps:

1. Select a business entity type. In North Dakota, the most common structures are sole proprietorships, partnerships, LLCs, corporations, cooperatives, and franchises.
2. Register your trade name or DBA. Unless you are a sole proprietor operating with your legal name or surname, registering your trade name costs $25.
3. If you are a corporation, LLC, or partnership, you must designate a registered agent to receive all business-related notifications, including legal action, notice, or demand. Your registered agent must have a physical address in North Dakota.

Once you have completed the above steps, you can register your business electronically through the FirstStop Portal.

2. Sales and use tax permit

North Dakota law requires all retail businesses to obtain a sales and use tax permit at least 30 days before opening. This document serves as proof that your business collects and remits the appropriate amount of tax according to state regulations.

 

You can apply for a sales and use tax permit online through the North Dakota Taxpayer Access Point.

3. Mobile food unit license

North Dakota law requires all food truck operators to obtain a mobile food unit license from either the North Dakota Health and Human Services (HHS) or their local public health agency. The fee for a mobile food unit license is $110 annually.

Applying for a mobile food unit license is a multi-step process.

1. First, you must submit an application and supporting documents for HHS review.
2. You must wait for the HHS to approve your application. Should they find your plans inadequate for ensuring food safety and operational efficiency, they may return your application with recommendations, such as facility upgrades, policy changes, menu restrictions, or an HACCP plan.
3. Once the HHS approves your application, you can begin constructing (or renovating) your food truck.
4. The HHS will then inspect your completed establishment to determine whether its facilities and operations are conducive to food safety.

Note that you can’t begin construction without plan approval. Additionally, getting approval for your plans isn’t an immediate guarantee of mobile food unit license issuance. You need to make sure you consistently meet the HHS requirements, from planning to construction to operations.

You can send your application packet to the HHS via email, mail, or fax. The required documents include:

• Application form
• Proposed menu
• Proposed floor plan
• Hazard analysis and critical control point (HACCP) plan (if applicable)

Application form

The first document you need to include in your application packet is your application form, which is available as a PDF on the HHS website. This form consists of two fillable sections: the owner information section and the plan review checklist section.

 

The owner information section asks you to supply all basic information about the business and its owners. These include names, addresses, and contact numbers.

Meanwhile, the plan review checklist is a much more comprehensive questionnaire that requests information about how you plan to operate your business. The details it requires include:

• Employee training and policies
• Food sources
• Food storage practices
• Food preparation, assembly, and packaging processes
• Facility information

Proposed menu

Your food truck menu should list all the items you plan to sell. The HHS uses this information to assess whether your food truck plans can support safe food preparation with respect to the expected food preparation processes involved in your menu. For example, if you intend to serve seafood, the HHS may propose additional food storage and preparation recommendations to prevent bacterial infections like Salmonella.

Floor plan

You need to submit a drawing of your proposed food truck floor plan or layout. This will help the HHS determine whether the layout and facilities of your workspace are conducive to efficient and safe food preparation workflows.

Your floor plan drawing should be 8.5 x 11 inches to scale. It should also provide the following information:

• Locations of entrances, food service window(s), food preparation areas, window screens, customer self-service and seating areas, and storage areas
• Descriptions of off-site storage locations, toilet facilities, employee personal storage areas, and chemical supply storage
• Location and dimensions of handwashing sinks and dishwashing sinks
• List of food truck equipment
• Equipment specification sheets, including refrigeration, freezers, hotholding units, stovetops/grills, ovens, warmers, and fryers
• Descriptions and locations of all food storage
• Descriptions and locations of food-grade potable water tanks and wastewater/ grey water tanks
• Description of hot water heater
• Layout of exhaust ventilation, including locations for the hood, fire suppression equipment, and fire extinguisher, if applicable
• Any exposed or unscreened equipment

HACCP plan (if applicable)

Some menus require food production processes that create increased food safety hazards. The HHS requires aspiring food truck operators to identify these risks and outline strategies to mitigate them. If you intend to use any of the high-risk food production processes the HHS has identified, you must detail your control measures in a written plan called a HACCP plan.

You need a HACCP plan if your food truck production involves the following activities:

• Curing food
• Custom processing animals for personal use
• Operating and maintaining molluscan shellfish tanks
• Reduced oxygen packaging (ROP) – ROP methods include vacuum packaging, cook-chill, sous vide, modified atmosphere packaging (MAP), and controlled atmosphere packaging (CAP)
• Smoking food as a method of food preservation rather than as a method of flavor enhancement
• Sprouting seeds or beans
• Using food additives or adding components as a method of food preservation rather than as a method of flavor enhancement, or to render the food less susceptible to bacterial growth through time and temperature

The HACCP plan will ask you to explain the following:

• Product details
• Layout of the food production area
• Involved equipment and materials
• Food flow diagram
• Hazard analysis
• Critical control point chart
• Standard operating procedures
• Prerequisite programs

4. Commissary agreement

Depending on your county or city laws, you may be required to support operations with a food truck commissary. This means you need to submit a commissary agreement along with your mobile food unit license application. You can find the commissary agreement form on the HHS website.

Similar to the mobile food unit license application form, the commissary agreement requests information about how you intend to operate your workspace. You must describe the activities you will use your commissary for, your physical facilities, and other information relevant to food preparation and safety. You also need to submit a commissary food truck floor plan.

5. Food safety training

North Dakota recommends food safety training courses to all employees involved in the preparation, handling, serving and display of food. Completion of an accredited food safety course gives employees the information they need to protect themselves and their customers from food-related hazards.

It also recommends having at least one Certified Food Protection Manager (CFPM) overseeing food truck operations. These employees have deeper knowledge of food safety regulations and are typically responsible for supervising food handlers, ensuring compliance with food safety practices, and creating, implementing, and maintaining food safety plans.

The HHS recommends getting training from any organization on the American National Standards Institute National Accreditation Board’s list of accredited food handler training certificate programs. Although completion is not a requirement, proof that your employees have thorough knowledge of food safety practices boosts your chances of having your mobile food unit license plans approved.

North Dakota mobile food unit license tips

While navigating food truck licensing in North Dakota can feel pretty complex, effective research and preparation can help you avoid common pitfalls, preventing operational delays. This section outlines a few ways you can obtain and maintain your food truck license efficiently.

Understand reciprocity agreements

North Dakota issues mobile food unit licenses on a city or county level. However, most cities and counties offer reciprocity, which means that they will recognize and accept mobile food unit licenses issued by other licensing agencies within the state.

The only exceptions are Fargo Cass Public Health, Bismarck-Burleigh Public Health, and tribal jurisdictions. Non-local North Dakota food truck owners intending to operate in these jurisdictions must still contact their respective agencies for additional licensing.

Refer to the HHS mobile food unit license jurisdiction map and flowchart to see where reciprocity applies.

Read the mobile food unit plan review manual

Although obtaining a mobile food unit license might seem intimidating, the actual license requirements are actually pretty clear cut. The HHS provides a comprehensive manual detailing its typical standards for mobile food units, covering everything from commissaries, structural components, equipment, water supply, personnel, and food-related processes.

The manual provides a clear roadmap for starting a food truck business. You should use it as a guide as early as the conceptualization phase. Refer to the manual as a guide even as early as the conceptualization stage. By aligning your food truck business plan with the HHS manual from the very beginning, you can avoid potential delays from license rejections and costly mistakes in construction.

Meet fire code requirements

North Dakota law also requires all food trucks to follow the Fire Code of North Dakota. Similar to how the HHS food truck manual helps mitigate food safety risks, the Fire Code of North Dakota helps mitigate fire safety risks. The local fire department will assess your compliance with food truck fire safety regulations during the required facility inspection included in the HHS mobile food unit licensing process.

The list of food truck-specific Fire Code regulations is available in this reference created by the North Dakota Insurance Department. It covers guidelines on kitchen hood ventilation, fire suppression, cooking oil storage, LP tanks, kitchen exhaust systems, and fire extinguishers.

However, to cover all your bases, it’s best to review the full Fire Code document. The current North Dakota Fire Code adopts the 2021 International Fire Code, which is available on the International Code Council website.

Provide employee training

North Dakota is one of the few states that does not require a CFPM certification or food handler’s cards. However, putting your employees through adequate and accredited food safety training increases your chances of getting approved for a mobile food unit license. The plan review form includes a section about employee training, presenting an opportunity to demonstrate that you and your staff are qualified to handle and serve food safely.

Investing in food safety training is a smart move for any food truck business. Most courses are affordable, and because food trucks typically have smaller teams than traditional restaurants, the overall cost remains low.

Keep up with renewal schedules

North Dakota periodically updates its licensing and permit requirements to reflect changes in regulations, industry standards, and safety practices. To accommodate these changes and ensure compliance in food truck businesses, all food truck operators must renew their licenses and permits regularly.

To maintain smooth and uninterrupted operations, it’s important to stay mindful of renewal schedules. Keeping ahead of license expiration dates helps you avoid fines, shutdowns, and other legal complications.

Requirement	Issuer	Renewal schedule	Notes
Business registration	Secretary of State	Annually	Requires annual report
Trade name	Secretary of State	Every five years	Costs $25
Sales and use tax permit	North Dakota Office of State Tax Commissioner	N/A	N/A
Mobile food unit license	Health and Human Services	Annually	Costs $110; penalty for non-renewal is $55
Commissary agreement	Health and Human Services	Per commissary change, remodel, or renovation	N/A
Food handler card	Any ANSINAB-accredited food handler course provider	Depends on organization	Optional
CFPM certification	Any ANSINAB-accredited CPFM exam provider	Every five years	Optional

What to do if your mobile food unit license is denied in North Dakota?

North Dakota has a clear and structured process for obtaining a mobile food unit (MFU) license. The Department of Health and Human Services (HHS) provides guidance throughout the application process, outlining exactly what they need from your business at each step, from the plan review to the formal inspection. This entire sequence provides you with ample time, information, and support to bring your food truck into compliance with state standards before opening.

However, if the HHS denies your license application, there are a few things you can do. The first step is reviewing the written notice the state provides you upon rejection. By law, this notice must provide the specific law, rule, or standard you failed to meet, along with the factual basis for the decision. If you believe the HHS made its decision in error, you may request a hearing within 20 days of receiving the notice.

At the hearing, you must be represented by legal counsel and may present witnesses and supporting documentation. A designated officer will oversee the hearing and evaluate the case based on the evidence you presented.

If the administrative hearing does not resolve the issue to your satisfaction, you may appeal the decision to the District Court. You are required to file this appeal within 30 days of receiving the final decision from the hearing officer.

However, if the HHS had provided valid reasons for your denial, or you did not pass the hearing, you have no choice but to resubmit your application. North Dakota law requires rejected applicants to wait six months after a denial before applying again. You should use this time to review state requirements, review results, and adjust your business plan accordingly.

What to do if your mobile food unit license is revoked in North Dakota?

Appealing ‌a revoked license is similar to appealing‌ a denied license application. Upon revoking your license, the state will provide a written notice outlining the specific regulation you crossed and the factual basis for the revocation.

 

If you disagree with the state’s basis for revocation, you have the right to request an administrative hearing. Similar to a denied license, you can only request a hearing within 20 days of revocation. You are also required to have legal representation and present documentary evidence. Should the hearing fail, you can still appeal with the District Court within 30 days of the final decision.

If the hearing and court appeal fail, or if the state had provided valid reasons for revocation from the beginning, you must wait before reapplying. Food truck owners with revoked licenses are required to wait at least one full year before submitting a new license application.

Is North Dakota a good place to start a food truck?

Food truck operators in North Dakota face several challenges, namely: climate, population, and infrastructure. Harsh winters force many food trucks to operate seasonally or incur higher costs for heating, utilities, and storage. Meanwhile, the state’s small population, limited urban centers, and sparse infrastructure reduce the number of high-foot-traffic areas.

However, North Dakota’s low cost of living can reduce the expense of starting and running a food truck. Despite its small population, the state offers many niche markets, such as the growing university populations in Fargo, Bismarck, and Grand Forks.

North Dakota also hosts a diverse range of high-foot-traffic events, including street fairs, college events, and festivals like the North Dakota State Fair and Norsk Høstfest.

Operating a successful business in North Dakota is a matter of playing your cards right. Start by understanding all costs and regulatory requirements. Then, build a realistic budget that accounts for seasonal challenges, permits, and operational expenses. Most importantly, define and develop a deep understanding of your target market and their buying behaviors. This way, you can tailor your menu, location strategy, and branding to generate more revenue.

Hit the road with 7shifts

North Dakota makes opening a food truck easy by standardizing licensing requirements across the state. Take full advantage of their frictionless processes by staying on top of all necessary licenses, permits, and documents. With effective preparation, you can keep operations running smoothly, avoiding fines, shutdowns, or other penalties.

You can also support your business with automated restaurant management tools. 7shifts streamlines a diverse range of restaurant management tasks, from communication to scheduling to payroll. By simplifying time-consuming manual processes, you can save time, reduce human error, and focus on delivering exceptional service.