Customers lining up at a food truck window, How to Start a Food Truck or Trailer in Georgia

How to Start a Food Truck or Trailer in Georgia: County Health Permit, Base of Operation and HB 1443

If you are looking into how to start a food truck business in Georgia, the first thing to know is that the state does not issue a food truck license. Georgia issues no general statewide business license, and the Georgia Department of Agriculture does not permit food trucks. Your food truck permit comes from the county board of health (environmental health), under the Department of Public Health food service rules, Chapter 511-6-1 (O.C.G.A. 26-2-371 and 26-2-379). Georgia treats trucks, trailers and carts as one class, a mobile food service establishment, so the steps below apply to all three.

This guide walks through the process in the order you will actually need to complete it. It is informational content, not legal or tax advice. Talk to a licensed attorney or CPA before you sign a lease or kitchen agreement, or if your situation is complex.

What You Need Before You Apply

Gather these items before you start filing. Some will take weeks to finish, so start with the longest lead times.

  • Articles of Organization (LLC) or Articles of Incorporation (corporation) filed with the Georgia Secretary of State
  • A registered agent with a Georgia street address, if you form an LLC or corporation
  • A signed base of operation agreement, or proof that you own or control a base that will hold its own permit
  • Floor plans and equipment specifications for the truck or trailer, including your water supply and wastewater holding setup
  • A written menu, with a plain description of each item and how it is prepared
  • A Georgia Tax Center account, if you sell taxable goods or have employees
  • Your city or county occupation tax certificate application
  • A Certified Food Safety Manager certificate for at least one supervisory employee, or a plan to obtain one within 60 days of permit issuance
  • A list of the locations and times where you plan to vend

Step-by-Step: Starting Your Georgia Food Truck or Trailer

Step 1: Form your business entity and register any trade name

Most food truck owners form an LLC with the Secretary of State's Corporations Division (sos.ga.gov/corporations-division). Articles of Organization for an LLC cost $110 total, which is the $100 filing fee plus a $10 service charge. You can file online through the eCorp portal at ecorp.sos.ga.gov or on paper. Online filings take about 7 to 10 business days and paper filings about 15 business days. Expedited review costs $120 (2 business days), $275 (same day if received by noon) or $1,200 (one hour on business days).

If you want to lock in a name first, a name can be reserved for 30 days for $35. The name must include an LLC designator such as LLC or L.L.C. and must be distinguishable on the Secretary of State's records. An LLC must keep a registered agent at a Georgia street address. The agent must be an individual Georgia resident or a corporation authorized to do business in Georgia, and the registered office must be the agent's business office. A P.O. box does not qualify, and the LLC cannot serve as its own agent.

An LLC files its first annual registration in the year after it forms. The annual registration fee is $60 ($50 plus a $10 service charge), due between January 1 and April 1 each year. A late filing carries a $25 penalty, and an entity that stays delinquent can be administratively dissolved. Reinstatement costs about $260.

If your truck will operate under a name other than the legal name of your LLC, you need a trade name registration (DBA). Trade names are not filed with the Secretary of State. You file with the Clerk of Superior Court in the county where the business is chiefly carried on. Expect a clerk fee of about $165 to $166 in the counties checked, plus a newspaper publication once a week for two weeks. Confirm the current amount and the publication requirements with your county clerk, and ask which county applies to a business that operates mostly on the road.

Step 2: Secure a base of operation in your home county

This is the step that causes the most trouble, so do it first. Your home county is the county where your base of operation is located. Each truck or trailer needs its own Mobile Food Service Unit Permit, and the base needs its own base of operation permit. A restaurant's fixed-location permit cannot double as the base permit.

The rules say a unit may not operate apart from the active managerial control of the base permit holder. Permits are also not issued to separately owned operations that share common food service equipment. That means renting hourly time in someone else's shared kitchen may not qualify. Before you sign any kitchen agreement, ask your county health department whether that arrangement will support a base permit, and get the answer in writing. Your unit will return to the base every day for supplies, fresh water, cleaning and wastewater disposal, so the base needs to work for your daily routine as well as for the permit.

Step 3: Register for sales tax and get your local occupation tax certificate

Register with the Georgia Department of Revenue through the Georgia Tax Center (gtc.dor.ga.gov) if you sell taxable goods or have employees. Sales tax registration there is free. Prepared food sold from a truck is taxable at the 4% state rate plus local rates, so combined rates run from 6% to 9% depending on the county and city, with Atlanta at 8.9%. Georgia issues no separate resale permit. When you buy ingredients and supplies for resale, you give your suppliers Form ST-5, the certificate of exemption. Sales tax registration is not a business license, so you still need the local certificate.

The local license is an occupation tax certificate, which many people call a business license. A city issues it for businesses inside city limits, and the county issues it for businesses in unincorporated areas (O.C.G.A. Title 48, chapter 13). A business inside a city pays the city, not the county. Each of Georgia's 159 counties and about 537 cities sets its own formula, deadlines and prerequisites. More than half of Georgians live outside any city, so for many food truck owners the county is the issuer. Employers with more than 10 employees must file an E-Verify affidavit to get the certificate (O.C.G.A. 36-60-6). Ask your city or county clerk for the current application.

If you will have employees, note that workers' compensation coverage is required at three or more workers, including part-time workers. Georgia has no state paid sick leave or family leave mandate, but check with a qualified employment professional for your own obligations.

Step 4: Submit plans for plan review before you build or convert

Submit plans and specifications for plan review at least 14 business days before construction or conversion begins. Your plans should show the equipment layout, the handwashing and sanitizing setup, the water supply and the wastewater tanks. Ask the county for its plan review checklist before you pay for any build-out, because changing equipment after approval can cost more than the original fix would have.

Step 5: Apply for your unit and base permits

Submit your application at least 10 business days before you plan to open. The application lists every location and time where you will vend, and you must report any changes to the county. A permit goes to one holder, one location and one type of operation, and it is not transferable. Any change of holder, location or type means a new permit. If you later sell the truck, the buyer must apply for their own permit.

Expect inspections before opening and on a recurring basis after that. Keep your base records, cleaning logs and vending schedule current, because inspectors may ask for them.

Step 6: Certify a food safety manager

Under Rule 511-6-1-.03, at least one supervisory employee must hold an accredited food safety manager certification. A new permittee has 60 days from the permit issuance date to get one. A mobile unit that does not process food is exempt, so ask your county whether your menu counts as food processing before you schedule the course. A manager can be designated for only one establishment. If your certified manager leaves, you must tell the county within 30 days.

Step 7: Budget for county fees

Fees are set by each county, so there is no statewide fee range to plan around. As one example, the Fulton County Board of Health fee schedule effective April 2022 listed $450, $600 or $750 (by risk type I, II or III) for plan review of a new facility and for the annual inspection of a mobile operation whose base and unit are both in Fulton. It listed $300 for a mobile unit whose base is in another county, $150 for assessment of a base of operation, $200 for a provisional permit and $100 for a temporary event inspection. Those figures are dated and may have changed. Ask your own county health department for its current fee schedule before you set your startup budget.

Step 8: Plan vending in other counties under HB 1443

HB 1443, effective January 1, 2023, sets out how a permitted truck can operate in counties other than its home county. Before you vend in another county, you submit your home county permit, your base of operation permit, a list of the other counties where the unit is authorized, and the locations, dates and times you plan to use in the new county. You also provide anything else that county requires.

The outside county checks that your permit is in good standing in the state database and must recognize it. It may charge an administrative fee limited to its costs. It may decline only for stated reasons: the permit was issued outside Georgia, the permit is not in good standing, or there is a written public health concern. Operating there remains subject to that county's or city's ordinances, and the outside county may inspect without notice.

HB 1443 reduces paperwork for multi-county routes, but it does not remove it. Build the extra filing time into your schedule for every new county on your route.

Step 9: Handle city, zoning and street vending rules

Your occupation tax certificate and any zoning or street vending rules still apply in every city and county where you vend. Atlanta regulates right-of-way vending separately, so check with the city before you plan any sales on public streets or sidewalks. For county-by-county detail on permits and licenses, see our county-by-county Georgia food truck permit and license requirements guide.

Common Mistakes to Avoid

  • Applying to the Department of Agriculture. Food trucks are permitted by the county board of health, not the state Department of Agriculture.
  • Assuming a restaurant permit covers the truck. The base of operation and each unit need their own permits.
  • Signing a shared kitchen agreement without confirmation. Get the county's answer about your base in writing first.
  • Assuming one permit works everywhere. Outside counties still review your paperwork under HB 1443 and can enforce their own ordinances.
  • Missing the timing windows. The application is due at least 10 business days before opening, and plan review at least 14 business days before construction.
  • Waiting too long on the manager certification. You have 60 days after permit issuance, but the course and exam need scheduling time.
  • Using old fee numbers. County fee schedules change, so confirm every figure with the issuing agency.
  • Mixing up the DBA filing office. Trade names go to the Clerk of Superior Court, not the Secretary of State.
  • Selling the truck without a new permit for the buyer. Permits are not transferable.
  • Missing the annual registration window. The LLC annual registration is due January 1 to April 1, and a late filing carries a $25 penalty.

What to Expect Once You Are Permitted

Once your base and unit permits are issued, you can begin vending at approved locations and times. Many operators find that the first few months are spent refining their route, their menu and their daily base routine, so plan for an adjustment period. Outcomes vary widely by county, menu, location and season, and this guide does not promise any particular sales or profit level.

Keep your menu descriptions and signage accurate and avoid unsupported health claims. Both county health inspectors and federal labeling rules focus on how food is described, so talk to your county health department about any wording you are unsure of. Check the Secretary of State annual registration window and your county's permit renewal schedule each year so your permits and entity status stay current.

Food Truck Startup Checklist

  1. Choose a home county and confirm in writing that your base of operation qualifies.
  2. Reserve your LLC name if needed ($35, 30 days) and file Articles of Organization ($110 total).
  3. Appoint a Georgia registered agent and file a trade name (DBA) with the county clerk if you use one.
  4. Register with the Georgia Tax Center for sales tax (free) if you sell taxable goods or have employees.
  5. Apply for your city or county occupation tax certificate, with E-Verify if you have more than 10 employees.
  6. Submit truck plans for plan review at least 14 business days before any construction or conversion.
  7. Apply for your base of operation and unit permits at least 10 business days before opening.
  8. Get a Certified Food Safety Manager within 60 days of permit issuance, unless your unit is exempt.
  9. Confirm your county's current fee schedule and budget for it.
  10. Before vending in any other county, submit your HB 1443 package and get the new county's acceptance.
  11. Check city and zoning rules, including Atlanta right-of-way vending rules if you plan to sell there.
  12. Calendar your annual registration (January 1 to April 1) and your permit renewal dates.

This article is informational content, not legal or tax advice. Confirm current requirements with the Georgia Secretary of State, the Georgia Department of Revenue, and your county and city, and consult a qualified attorney or CPA for your specific situation. Resources include the Georgia Small Business Development Center at the University of Georgia (georgiasbdc.org) and the SBA Georgia district page (sba.gov/district/georgia).

Keep exploring: related Georgia guides