Licences: what you need before you open

There is no single food truck licence. Instead, several sets of regulations overlap, and some matters are governed at local authority level – what applies in Cologne may not apply in the same way in Konstanz. This overview explains which documents are required for what purpose.

The order

1. Register a business
2. Apply for a travelling trade licence, if necessary
3. Information notice pursuant to Section 43 of the Infection Protection Act (IfSG) issued by the Public Health Authority
4. Register your business with the Food Safety Authority
5. Secure a pitch – with your own permit, depending on the location
6. Obtain a licence if alcohol is to be served

Points 1 to 4 apply uniformly across the site. From point 5 onwards, the content becomes location-specific.

Business registration

The simplest step. At the trade register office in the local authority where you live or where your business is based. Costs between 20 and 60 euros, depending on the local authority. The office automatically notifies the tax office, the Chamber of Industry and Commerce (IHK) and the employers’ liability insurance association.

Incidentally, the person responsible is Occupational Safety and Health Association for the Food and Hospitality Industries (BGN). Membership is compulsory, even for businesses without employees.

Itinerant trade licence in accordance with Section 55 of the German Trade Regulation Act (GewO)

The most commonly misunderstood point. You need a travelling trade licence if you without a prior order, outside a fixed place of business Selling goods – in the traditional way, at the roadside, in different locations, on the spur of the moment.

Not It is usually required:

• at trade fairs, markets and fairs, as defined in Section 69 of the Trade Regulation Act (GewO),
• at events for which you are booked (catering to order),
• if you’re based at a fixed, permanently leased pitch.

You apply for this at the Public Order Office. You’ll need a police certificate and an extract from the Central Trade Register. Costs: usually between 200 and 400 euros; processing takes several weeks. Make sure you apply early.

Information pursuant to Section 43 of the Infection Protection Act

Before you start working with uncovered food for the first time, you’ll need to complete a training course run by the health authority or an authorised doctor. It lasts about an hour, usually costs between 20 and 40 euros and is valid indefinitely – but only if you start work within three months of completing the course.

Important: This applies to every person, who handles food in the truck, including temporary staff. As an employer, you must provide induction training upon commencement of employment and every two years thereafter. Document attendance.

Registration with the Food Safety Authority

Under Article 6 of Regulation (EC) No 852/2004, you must register your business with the relevant authority – usually the district veterinary and food control office. Registration is usually free of charge.

You will then be included in the inspection schedule. Expect an initial inspection within the first few months. You can find out what is checked during this inspection in the article on Hygiene and HACCP.

The pitch

This is where the success of your business is decided – and this is where the legal situation is most confusing.

Public reason

To sell in public spaces, you’ll need a Special Use Permit the local authority. It is subject to specific location and time restrictions, costs between 20 and several hundred euros per day depending on the location, and in popular city centre locations there are often waiting lists or no spaces available at all.

Private grounds

In a company car park, a depot or on supermarket premises, all you need is the owner’s consent. This is the most practical way to get started: industrial estates with lots of employees and few lunch options are often more lucrative for food trucks than pedestrianised areas.

Markets and folk festivals

Fixed events under Section 69 of the Trade Regulation Act (GewO) have their own allocation rules. Applications often need to be submitted between half a year and a full year in advance. Ask the organiser to explain which permits have been granted for the event and what supporting documents you need to provide yourself.

Serving of alcohol

To serve alcoholic drinks at one-off events, you need a Licence pursuant to Section 12 of the Public House Act. It is issued for a single event, is relatively straightforward to obtain and usually costs between 25 and 100 euros. You don’t need one if you’re not serving alcohol.

What’s often forgotten

Checkout and receipt requirements

Since 2020, electronic point-of-sale systems have required a Certified technical safety organisation (TSE). Furthermore, the obligation to issue receipts applies: every customer must be given a receipt – whether they take it with them is up to them. An open till is still permitted, but requires complete and accurate records.

Packaging

Check whether your service packaging is registered in the Packaging Register LUCID and participation in the scheme. In the case of service packaging already covered by the scheme, participation may have been arranged by the pre-distributor. For certain manufacturers and importers, the following also applies: Single-use plastics fund. Whether you are required to register and make a payment depends on your role and the products in question.

For certain types of single-use plastic food packaging and single-use beverage cups, there is a Mandatory provision of reusable containers. Businesses with no more than five employees and a sales area of no more than 80 square metres may fulfil this obligation, subject to the legal requirements, by refilling containers brought in by customers. A visible notice is required.

Allergens

For loose goods, you must provide information on the 14 allergens subject to labelling requirements – either in writing or verbally, with a written note stating that information is available. Where information is provided verbally, written or electronic records must also be available, and staff providing the information must be adequately trained.

Scales

Anyone selling by weight needs a calibrated set of scales. The calibration is valid for two years.

Quellen zu den überarbeiteten Angaben

• § 43 IfSG: Folgebelehrung alle zwei Jahre