As of January 1, 2023, Senate Bill 972 officially took effect, changing the way sidewalk food vending is regulated across California. The new law decriminalizes food vending, providing opportunities for small vendors to operate without fear of criminal penalties, while also introducing new challenges for cities seeking to maintain public health and safety.
For communities like Gustine, Newman, and neighboring cities such as Los Banos and Merced, this shift represents both potential benefits and complications, leaving residents and local governments divided on its impact.
SB 972 builds on earlier legislation, Senate Bill 946, passed in 2018, which began the process of decriminalizing sidewalk vending. Under the previous framework, cities could cite vendors criminally for violating county health codes, such as failing to obtain proper permits under the California Retail Food Code. Now, violations can only result in administrative citations, significantly reducing the penalties.
The bill also introduces a new category, the “compact mobile food operation,” which includes pushcarts, pedal-driven carts, and other nonmotorized setups. These operations can perform limited food preparation—such as frying, heating, and assembling foods—but must adhere to strict sanitation guidelines if handling potentially hazardous items like raw meats or dairy.
Additionally, SB 972 allows cottage food operations and microenterprise home kitchens to serve as commissaries for up to two mobile vendors, making compliance more accessible for small-scale businesses.
Proponents of SB 972 argue that it helps legitimize street vending, which has long been a source of income for many families. The law simplifies the process of obtaining permits, allowing vendors to focus on their businesses without the threat of criminal charges.
“Now I can save for the right permits without being scared of losing my cart,” said Marisol Elenaze, a Los Banos vendor known for her tamales. “It feels like a step toward fairness for people like me.”
Some vendors see the law as a chance to grow their businesses. Ana Morales, a taco vendor who frequents community events in Los Banos and Turlock, highlighted how the new rules allowing home kitchens to serve as commissaries will save her money. “This will help me expand and serve more people at festivals,” she said.
Concerns from Cities and Residents
However, the law is not without controversy. Local governments, including officials in Merced and Los Banos, have raised concerns about the challenges of enforcement. By eliminating criminal penalties, cities now have fewer tools to ensure compliance with public health standards.
City officials argue that public health risks, such as inadequate refrigeration or unsanitary conditions, could increase without the deterrent of criminal enforcement. “The administrative citation process is a step backward in holding vendors accountable for meeting health standards,” said Jessica Santos, a community organizer in the Merced County area.
Some residents also worry about the impact of the law on small-town infrastructure. “Street vending adds vibrancy, but it also comes with risks like trash and crowding,” said Gustine resident Emily Cruz. “We need to balance supporting vendors with keeping our streets clean and safe.”
For vendors like Jorge Ruiz, who sells fresh fruit and smoothies in Merced, the law is both an opportunity and a challenge. “It’s great to not worry about being treated like a criminal, but the requirements for sanitation and equipment are still tough for small vendors like me,” he said.
Cities, meanwhile, are exploring ways to adapt to the new framework. While inspections and administrative citations remain tools for enforcement, the loss of criminal penalties limits cities’ ability to address noncompliance effectively.
SB 972 is reshaping the landscape of street vending in California, with mixed reactions from all sides. Vendors have greater access to operate legally, but cities face hurdles in maintaining public health and safety standards.
For communities like Gustine and Newman, the law’s impact remains to be seen. Will it foster economic opportunity and cultural vibrancy, or will it create new challenges for local governments and residents? The answer will depend on how well vendors and cities work together to navigate this new era of sidewalk food vending.
As the debate continues, one thing is clear: SB 972 has changed the rules of the game, leaving communities across California to figure out what comes next.
