The Unintended Consequences of Illicit Roadside Food Vending

As a County Supervisor, constituent concerns are a top priority, especially those that address community health and safety. Since the start of summer, my office has been inundated with complaints about pop-up roadside food vending — particularly taco operations in the rights-of-way along State Highways 246 and 154. The pop-ups amount to an outside restaurant. Big vans come around to unload equipment such as a cart, tables, a shade structure, a propane or charcoal grill, possibly a flat-top griddle or trumpetcondiments and maybe even bright lights and loud music. They drop off someone to cook, and then drive away to the next location, not returning for pick-up until late in the night.

The surge in this illicit activity results from a new state law, Senate Bill 972, which took effect in January 2023 and completely decriminalizes roadside food vending. It prohibits misdemeanor or infraction offenses, allowing only administrative citations with limited fines. While SB 972 intended to increase opportunities for micro-entrepreneurs, instead we have seen an influx of large unions from Los Angeles coming to our area.

These pop-ups operate without local permits, hand washing and sanitation facilities, or refrigeration for the meat they cook, clear food safety violations that risk outbreaks of serious foodborne illnesses. The county’s Environmental Health officers have repeatedly issued administrative citations, but with little effect. Citing the responsible party is difficult because those cooking often have no identification. Administrative fines are ineffective because it is difficult to take people to court if they don’t pay. Even with citations and confiscation of equipment, the pop-ups start operating again the next day or even in the next few hours.

Food safety isn’t the only concern. The pop-ups frequently use open flames and propane along the roadside, next to dry brush, without regard for fire safety. Constituents have smelled images of hot grease and food waste dumped on the ground.

I am particularly worried about the traffic hazards posed by roadside vending. The pop-ups often set up in high-traffic areas, including busy intersections where foot and vehicle traffic converge or along roadside shoulders that should be providing space for drivers to take evasive action but are now occupied by the equipment, tables, and cars of customers. Cars double-park in traffic lanes and pedestrians dash across busy highways to get to the pop-ups. They are an attractive nuisance that sooner or later will lead to a tragic accident.

Illicit roadside vending also poses unfair competition to locally certified and permitted food trucks as well as brick-and-mortar food businesses, including Microenterprise Home Kitchen operations (MEHKOs), many owned by small-business people like those SB 972 sought to aid. These entrepreneurs play by the rules—paying for permits, undergoing regular health inspections, contributing to the local economy with the ingredients they purchase and the taxes they pay. Our neighbors who have invested time, labor and money into their businesses are being undercut by illicit vendors who do not face the same costs.

This is not just a 3^rd District issue, it is happening in our cities and throughout our state. Santa Barbara Mayor Randy Rowse and I are convening a task force of the state and local agencies to determine how we can better leverage layers of government to curb illicit roadside vending. Next we will make a public presentation before the Santa Barbara County Association of Governments (SBCAG Board) which includes representatives from all eight of our county’s cities and all five supervisors.

We must all work together to solve this problem. I strongly encourage people to forgo the illicit pop-ups and instead frequent our local, certified food trucks (look for a Santa Barbara County Environmental Health sticker on the back window) and brick-and-mortar restaurants. I also suggest registering concerns with the Governor’s office, and being on the look-out for the upcoming SBCAG meeting where this issue will be discussed in full detail.

Together we can better ensure that the food sold to the public is safe, that roads remain as safe as possible, and that small, local businesses don’t face grossly unfair competition. If we don’t address this issue now, the problems will only grow to the detriment of both the consumers we are trying to protect and the entrepreneurs we are trying to protect.