How to Apply for a Food Truck Permit in Delaware

Before You Apply

Before submitting any applications, make sure you have the following ready:

• A food truck or mobile food unit that meets basic equipment standards (cooking equipment, refrigeration, handwashing sink, water tanks)
• A commissary kitchen agreement or letter from an approved facility in Delaware where your truck will be serviced
• A proposed menu outlining all food items you intend to prepare and sell
• Your business entity documents (LLC certificate of formation or sole proprietorship registration)

Step 1: Register Your Business

Before applying for your food establishment license, set up your business legally:

• Choose a business structure — Most Delaware food truck operators form an LLC. Delaware is famous for its business-friendly laws, and you can form an LLC through the Delaware Division of Corporations. Many operators choose to file directly through the state rather than using a registered agent.
• Get an EIN — Apply for a federal Employer Identification Number from the IRS. This is free and can be completed online at irs.gov.
• Delaware business license — Register through the Delaware One Stop Business Registration portal, which allows you to apply for your business license and Gross Receipts Tax account simultaneously.

Step 2: Submit DPH Plan Review

Contact the Delaware Division of Public Health, Office of Food Protection to begin the food establishment licensing process. You will need to submit:

• A completed food establishment license application
• Detailed floor plans and equipment layout of your mobile food unit
• Water system specifications (fresh water tank capacity, wastewater tank capacity, water heater)
• Your proposed menu and food preparation procedures
• Your signed commissary agreement
• The plan review fee

The DPH plan review typically takes two to four weeks. The Office of Food Protection may request modifications to your unit design or menu before approving the plans. Respond promptly to any requests to avoid delays.

Step 3: Prepare for the Pre-Operational Inspection

Once your plans are approved, schedule a pre-operational inspection with DPH. Before the inspector arrives, ensure:

• All equipment is installed exactly as shown in the approved plans and is fully operational
• Hot and cold water are functioning at proper temperatures (at least 100°F at the handwashing sink)
• Refrigeration holds at 41°F or below
• Handwashing sink is stocked with soap, single-use paper towels, and warm running water
• All food contact surfaces are clean, smooth, and in good repair
• Your certified food protection manager certificate is available on-site
• Probe thermometer is calibrated and accessible
• Fire suppression system is installed and has a current inspection tag

Step 4: Pass the Pre-Operational Inspection

A DPH environmental health inspector will conduct a comprehensive inspection of your mobile unit. They will verify that the unit matches the approved plans, test all equipment, check water temperatures, and review your food safety procedures. If violations are identified, you will receive a written list of corrections needed before a re-inspection can be scheduled. Most operators who follow their approved plans closely pass on the first or second attempt.

Step 5: Register for Gross Receipts Tax

If you did not register during the One Stop Business Registration process, register for a Gross Receipts Tax account with the Delaware Division of Revenue. Remember that Delaware has no sales tax, so you will not be collecting tax from customers. Instead, you will pay Gross Receipts Tax on your total business receipts, filed monthly with the Division of Revenue.

Step 6: Obtain City and Municipal Permits

Apply for vendor permits or business licenses in each city where you plan to operate. Key municipalities to contact:

• Wilmington — Apply for a mobile food vendor permit through the Department of Licenses and Inspections.
• Dover — Obtain a city business license from the City Clerk's office.
• Newark — Apply for a vendor permit from the city.
• Beach towns — Contact Rehoboth Beach and Dewey Beach well in advance of summer season, as seasonal permits may be limited in number.

Step 7: Complete Fire Safety Inspection

Contact the Delaware State Fire Marshal's Office to schedule a fire safety inspection of your food truck. The inspector will check your fire suppression system, fire extinguishers, propane tank installation, and electrical systems. A passing inspection is required before you begin operating.

Step 8: Start Operating

With all permits and licenses secured, you are cleared to begin service. Keep these ongoing requirements in mind:

• Display your DPH food establishment license in a visible location on the truck
• Keep copies of all licenses and permits on the truck at all times
• Maintain daily temperature logs for refrigeration and hot-holding units
• Return your truck to the commissary for cleaning, servicing, and wastewater disposal as required
• File Gross Receipts Tax returns monthly with the Division of Revenue
• Renew your DPH license and business license annually

Typical Timeline

From initial application to first day of service, most Delaware food truck operators should expect the process to take four to eight weeks. Delaware's small size and centralized DPH licensing process can make this faster than in larger states, but city-level permits — especially seasonal beach town permits — should be applied for well in advance.