Permits to sell food or goods in East Palo Alto and San Mateo County

This page covers permits to sell. It is general information, not legal advice. To set up the business itself, see Can I start a business without a Social Security number? and How to set up a one person LLC in California.

What permits do I need?

It depends on what you sell and where. Most sellers need two or three of these:

"Ask CDTFA" means some food sales are taxed and some are not. The basic state rule: hot prepared food is taxed, and food eaten at tables or counters you provide is taxed. Cold food sold to go is usually not taxed, but there are exceptions (CDTFA Regulation 1603). The state tax agency can tell you how this works for what you sell. Call 1-800-400-7115.

Good order to do things:

1. Get your tax number if you do not have one. With no Social Security number, most people use an ITIN. See How to get or renew an ITIN.
2. Get your county health permit first if you sell food. The city asks for it.
3. Get your free state seller's permit.
4. Get your city business license and, if you sell on the street, your vendor permit.
5. Only then buy a cart or big equipment, and start selling.

Do I need a seller's permit?

Usually, yes, if you sell goods in California. The state says that anyone who sells or leases merchandise or other physical items in California, even for a short time, generally must register and get a seller's permit. Selling without one when you need it can bring fines and penalties.

Good news:

• It is free. There is no charge for a seller's permit. Depending on your business, the state may ask for a security deposit.
• It can be fast. The state says it may be able to issue your permit the same day.
• No Social Security number? The application asks for your driver license number and Social Security number, or substitute documents explained on the application. Call 1-800-400-7115 and ask which substitute documents they accept for you.
• Short term sellers of things like Christmas trees can get a temporary permit that lasts up to 90 days.

When you may not need one. If you only make occasional sales, such as no more than two garage sales in 12 months, you generally do not need a permit.

After you get it, you must file sales tax returns and keep records of what you sell and buy. For income taxes, see How to pay taxes on self employment income with an ITIN.

Can I sell food I make at home?

Yes, in two ways. Both need a permit from San Mateo County Environmental Health Services.

Cottage food: low risk foods

A Cottage Food Operation lets you make certain low risk foods at home and sell them. These are foods that do not spoil easily at room temperature, like many breads, cookies, dried fruit and jams. The state keeps the official list of approved foods.

• Two classes. Class A sells directly to customers, in person, by phone or online. Class B can also sell through stores and restaurants. The state lists current yearly sales limits of $75,000 for Class A and $150,000 for Class B.
• Training. You must finish cottage food operator training within three months of getting your permit.
• County fee for 2026: $259 a year for Class A registration and $656 for a Class B permit (county fee schedule).
• Labels. Your labels must follow state and federal rules.

How to apply in San Mateo County:

1. Apply online in MyEHS, or download the paper application.
2. Pay the application fee. Payments go to the office, by mail, by phone or online, never to an inspector.
3. Send a list of your products and how you make them (more than 5 costs extra), a sample label for each, and your food handler card if you have one. Email homebasedfoodoperation@smcgov.org, or mail or bring them to 2000 Alameda de las Pulgas, Suite 100, San Mateo, CA 94403.
4. Review can take up to 30 business days after you pay.

MEHKO: full meals from your home kitchen

A Microenterprise Home Kitchen Operation (MEHKO) lets you cook full meals at home and sell them, a bit like a tiny restaurant. San Mateo County made its program permanent. The county's 2026 fee schedule lists the MEHKO permit at $1,460 a year. The county's MEHKO web page still shows an older $1,108 fee, so ask the county which one applies when you apply.

• No more than one full time employee, not counting family or household members
• The operator must pass a food safety manager exam
• Everyone who helps needs a food handler card
• Food must be made and served the same day
• Customers can eat at your home, or take out, or get delivery
• State law limits how many meals and how much money a MEHKO can make. Read the county guidelines before you start.

Questions: (650) 372-6200 or homebasedfoodoperation@smcgov.org.

What are my rights as a sidewalk vendor?

California law protects sidewalk vendors. A sidewalk vendor sells food or goods from a pushcart, stand, display, pedal cart, wagon, rack or from their own body, on a public sidewalk or walking path. Food trucks are not sidewalk vendors.

Cities can make rules for sidewalk vendors, but only within limits set by state law. Under that law:

• No immigration questions. The city may not ask about or collect your immigration status, citizenship or place of birth.
• No Social Security number needed. If the city would normally ask for one, it must accept a California driver's license or ID number, an ITIN, or a municipal ID number instead. That number must stay confidential.
• No fingerprints or background checks. Since January 1, 2026, the city may not ask about your criminal history, require fingerprints or LiveScan, or run a background check for a sidewalk vending permit or business license.
• Your information is protected. The city may not share vendors' personal information, like your name, address or ITIN, except under a subpoena or a judge's warrant.
• Where you can sell. The city may not limit vendors to certain neighborhoods or cap the total number of vendors unless the rule is tied to real health, safety or welfare concerns. It may ban vendors who stay in one spot from areas zoned only for homes, but it may not ban vendors who keep moving.
• No arrest. Breaking a sidewalk vending rule is not a crime. It can only bring an administrative fine, and you cannot be arrested for it except when other law allows.

Fines are capped:

If you then show a valid permit, the no permit fines drop to the lower amounts. If your income is low, you can ask for an ability to pay review. If you qualify, the city must accept 20% of the fine as full payment. The city may also offer community service instead.

The city may still require a city vending permit or business license, a state seller's permit, health permits, clean conditions, disability access and reasonable hours.

Food from a cart or stand

If you sell food from a cart or stand on the sidewalk, you also need a county Compact Mobile Food Operation (CMFO) permit. A 2023 state law created this permit so sidewalk food vendors can get legal.

• Packaged foods only: a stand, rack or display can sell food that is already packaged and does not need to be kept hot or cold. A very small display of under 25 square feet of these foods may not need a permit.
• Some cooking or prep: needs a pushcart, pedal cart or wagon with everything built in. A pop up tent full of separate equipment does not count.
• A home base: every CMFO must work with a commissary or other place the county approves, for storage and cleaning.

To apply, review the county's matrix, storage and commissary rules, and cart requirements, then send the CMFO application. Contact envhealth@smcgov.org or (650) 372-6200.

How do I get East Palo Alto's vendor permit and business license?

East Palo Alto uses a company called HdL to run business licenses and mobile vendor permits. The city's packet lists these steps:

1. Contact HdL to confirm permits are available and get the forms.
2. Get your county food permit (Certificate of Inspection) if you sell food.
3. Send HdL the vendor application, business license application and fee.
4. HdL checks your application and issues the vendor permit and business license, good for one year.

Do all businesses need a city license? Yes. A city letter sent through HdL in 2023 asked every business operating in East Palo Alto without a valid city business license to apply, and said unpaid taxes, penalties and interest can be owed. The letter does not give the amount. For questions about an existing business, HdL's compliance line is (650) 250-5896 or Eastpaloaltocompliance@hdlgov.com (city letter).

What the packet asks for: photos of each vendor, a photo or drawing of your cart or vehicle, proof of liability insurance ($1,000,000 for a business, $500,000 for a nonprofit, naming the city), a California driver's license or ID, your county inspection certificate, DMV registration if you use a vehicle, and a signed statement that you read the city's vending rules. The packet does not list the business license fee. Ask HdL.

Selling from home? Ask the city's Planning Division about home business rules at (650) 853-3189.

Can I sell at a festival or event?

Yes. At public events in San Mateo County, food booths need a temporary food facility permit from the county. You do not apply alone. You fill out the vendor application and give it with your fee to the event organizer, who sends all vendor applications to the county at least 14 days before the event. Late packets may be charged extra or denied.

The 2026 county fee for one event is $164 for a booth with no food prep and $213 with food prep ($263 for a booth 20 by 10 feet or larger) (county fee schedule).

Food made at home cannot be sold at events unless it comes from a permitted cottage food operation. Questions: EHSpecialEvents@smcgov.org or (650) 372-6200.

What mistakes should I avoid?

• Buying a cart or big equipment, or selling food, before the county approves you
• Handing a fee to an inspector. The county does not allow it.
• Paying someone who promises a "fast permit." These permits come from public offices, and the seller's permit is free.

Who can help?

These are public offices and free programs. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• San Mateo County Environmental Health Services, Food Program: all county food permits. (650) 372-6200, envhealth@smcgov.org. Home food: homebasedfoodoperation@smcgov.org. Office at 2000 Alameda de las Pulgas, Suite 100, San Mateo. Monday to Friday, 8 a.m. to 5 p.m.
• East Palo Alto business licenses and vendor permits (HdL): (650) 223-7740, EastPaloAlto@hdlgov.com.
• East Palo Alto Planning Division: home business zoning. (650) 853-3189.
• California Department of Tax and Fee Administration: seller's permits. 1-800-400-7115 (TTY 711), Monday to Friday, 7:30 a.m. to 5 p.m.
• CalGold: the state's list of permits by city and business type. calgold.ca.gov
• Free business coaching: see Free small business coaching in the Bay Area. For money to start, see Where to get a low cost loan.

Questions people ask

Can I get these permits without papers? Yes. None of the official pages we checked ask about immigration status, and for sidewalk vending, state law forbids the city from asking. For the seller's permit, ask CDTFA which documents can stand in for a Social Security number.

Can I sell tamales from my house to neighbors? Cottage food only covers foods on the state's approved list that stay safe at room temperature. If your food needs to be kept hot or cold, it likely does not fit, and a MEHKO permit may be the right one. Ask the county at (650) 372-6200 before you start.

I sell fruit from a cart. Do I need a health permit? Ask the county first. Its CMFO rules say a stand or rack may sell only packaged foods that do not need to be kept hot or cold, and any preparing needs a cart with the equipment built in.

Is there a checklist I can print?

Every business on University Avenue started with one first step. Yours can too.