§ 37–131.06b. Food vending cart and vehicle design standards.

(a) Food vending cart and vehicle designs shall be subject to rules promulgated by the Department of Licensing and Consumer Protection; provided, that food vending carts and vehicles for vendors:

(1) Selling only non-potentially hazardous uncut fruits and vegetables shall not be required to include freshwater tanks, wastewater tanks, or food, ware, or hand washing sinks or sink compartments; or

(2) Selling non-potentially hazardous uncut fruits and vegetables, and potentially hazardous pre-packaged foods, including frozen desserts, sandwiches, and pre-cut fruits and vegetables, shall not be required to include freshwater tanks, or food, ware, or hand washing sinks or compartments.

(b)(1) The Department of Licensing and Consumer Protection shall, in consultation with the Department of Health, establish a process through which businesses, community-based organizations, and vendors can submit food vending cart designs and specifications for approval by the Department of Licensing and Consumer Protection.

(2) When determining whether to approve a specific food vending cart design, the Department of Licensing and Consumer Protection shall consider the following:

(A) Whether the food items that will be sold by users of the food vending cart:

(i) Are potentially hazardous, as defined in section 9901 of Title 25-A of the District of Columbia Municipal Regulations (25-A DCMR § 9901);

(ii) Will be prepared off-site or at the cart; and

(iii) Are packaged off-site, are packaged at the cart, or are sold unpackaged;

(B) Whether the application of existing food cart design requirements is necessary given the food items that will be offered for sale; and

(C) Whether the application of existing food cart design requirements would render the sale of the proposed food items unfeasible due to the size or potential cost of the cart.

(3) When the Department of Licensing and Consumer Protection denies a proposed food vending cart design, the Department shall provide the applicant with the specific reasons and justifications for a denial. The business, non-profit, community-based organization, or vendor who submitted the designs and specifications that were denied may, within 30 business days of receiving a denial, submit revised food vending cart design plans and specifications for consideration by the Department.

(c) When the Department of Licensing and Consumer Protection approves a food vending cart design, the Department shall post the final design, including any design specifications and equipment requirements for the cart, publicly on its website.