The exercise of street food sales requires, in addition to theobtaining a professional cardThese obligations protect consumers and engage the retailer's liability. These obligations protect consumers and make retailers liable. Failure to comply can result in severe penalties.
The applicable regulatory framework
There is a precise framework for itinerant food trading.
European regulations
Directive 93/43/EC of 14 June 1993 forms the regulatory basis. It lays down hygiene principles for all foodstuffs. EC regulation 852/2004 strengthened these requirements.
These texts apply without distinction to fixed and itinerant businesses.
Transposition into French law
The Order of 9 May 1995 transposes these rules into French law. It applies to:
- Open-air markets
- Boutique cars
- Light sales structures
The Consumer Code supplements these provisions with rules on product quality and safety.
Official controls
Two authorities are responsible for inspections:
- Departmental Directorate for the Protection of Populations (DDPP)
- Fraud control officers
These departments check compliance with standards in the field.
Compulsory facilities and equipment
The requirements relate to the design of the installations themselves.
Fitting out stands and vehicles
Stands must:
- Be designed to avoid food contamination
- Easy-to-clean surfaces
- Protection against external pollution
Sales vehicles need to be fitted out specifically for their products.
Cleaning and disinfection equipment
Every point of sale must have:
- Sufficient quantities of drinking water
- Cleaning and disinfection products
- Hand washing devices
This equipment must remain operational throughout the sale.
Materials and surfaces
Materials in contact with food must be:
- Smooth
- Washable
- Non-toxic
- Corrosion-resistant
The 1995 decree specifies that unfinished wooden surfaces are prohibited.
Temperature management and the cold chain
Respecting temperatures is an essential obligation.
Conservation obligations
Each category of food requires a specific temperature:
- Frozen products: -18°C
- Fresh meat and fish: +4°C maximum
- Dairy products: +8°C maximum
- Pre-cooked dishes: +3°C
These thresholds are listed in the appendix to the Order of 9 May 1995.
Temperature maintenance equipment
The merchant must dispose:
- Refrigerated cabinets for fresh produce
- Freezers for frozen products
- Heat-retaining equipment (minimum 63°C)
These devices must ensure an even temperature throughout the enclosure.
Monitoring and recording
The merchant must:
- Check temperatures regularly
- Record these controls
- Keep records
This traceability proves the vigilance of the professional.
The HACCP system and self-checking
Self-monitoring is based on the HACCP (Hazard Analysis Critical Control Point) system.
The fundamental principles
The HACCP system includes:
- Hazard analysis
- Identifying critical points
- Implementing preventive measures
- Defining surveillance procedures
- Corrective action
- Verification of effectiveness
- System documentation
This method aims to prevent rather than correct.
Implementation adapted to the itinerant trade
For stands and sales vehicles, HACCP is applied pragmatically:
- Simplified documents
- Focus on major risks
- Procedures adapted to field conditions
This adaptation takes account of specific constraints.
Documentation and records
Traders have to hold on:
- A cleaning plan
- Temperature control sheets
- Delivery notes and invoices
- Non-compliance sheets
These documents are proof of the stringent health standards applied during inspections.
Staff hygiene rules
Staff hygiene remains paramount.
Compulsory training
All food handlers must:
- Receive hygiene training
- Mastering good practice
- Understanding specific risks
This training must be regularly updated.
Personal hygiene practices
The staff are respectful:
- Frequent hand washing
- Wear clean, appropriate clothing
- No smoking at the point of sale
- No jewellery on the hands
These rules limit hand-carried contamination.
Obligations in the event of illness
A salesperson presenting:
- Digestive symptoms
- A skin infection
- A respiratory ailment
must refrain from handling foodstuffs or wear appropriate protective equipment.
Official controls and penalties
Failure to comply with health regulations may result in penalties.
The inspection process
Inspections are taking place:
- Without notice
- At the point of sale
- With examination of facilities and documents
- Samples taken for analysis
An inspection report details the non-conformities.
The scale of penalties
Penalties vary according to seriousness:
- Simple warning
- Formal notice
- Seizure or destruction of foodstuffs
- Temporary administrative closure
- Minutes sent to the public prosecutor
Serious offences are dealt with by the criminal courts.
Criminal consequences
The Consumer Code provides:
- Up to 2 years' imprisonment
- 37,000 fine for selling corrupt products
- 4 years and €75,000 if the substance is harmful
These penalties are designed to provide effective consumer protection.
Mobile food sales require constant vigilance when it comes to health. Our firm assists professionals in achieving compliance and helps them prepare for official inspections. For a more complete overview of legal and administrative obligations for itinerant tradersFor more information, please consult our guide.
Sources
- Order of 9 May 1995 regulating food hygiene
- Regulation (EC) No 852/2004 on the hygiene of foodstuffs
- Consumer Code, art. L. 213-1 et seq.
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