AUSTIN (KXAN) — A video recently shared on social media appears to show a man demanding that an older man, who is pushing a small ice cream cart in a Mueller neighborhood park, show his permit.
A now-deleted video in the Austin subreddit raised questions about what the rules are for pushcart vendors. While several commenters said they disliked the demanding man’s approach, others wanted to know what rules are actually in place. One user suggested the vendor didn’t need a permit as the cart appeared to be selling commercially wrapped products.
KXAN reached out to Austin Public Health for clarity about the city’s rules.
The answer? Yes, ice cream vendors must have a permit.
They’re classified as a “Mobile Food Vendor,” or MFV, a category that includes food trailers, trucks, pushcarts and roadside vendors.
“If businesses are unaware of whether they need a permit, or need any assistance in the permitting process, they are welcome to contact Austin Public Health by phone at (512) 978-0300 or by email at ehsd.service@austintexas.gov,” APH said.
Permitting is currently handled by the city of Austin. However, those permits will come from the Texas Department of State Health Services, or DSHS, beginning in July.
The change is due to the passage of House Bill 2844 during the 2025 legislative session.
“Our goal is to make this transitional period as smooth as possible for vendors, their customers and the local jurisdictions that previously licensed them,” said Timothy Stevenson, DSHS deputy commissioner for consumer protection. “Current mobile food vendors may continue to operate after July 1 if they have submitted a complete application for a DSHS license, including paying the required fees.”
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As of June 4, the APH website says a MFV permit from the city costs $309, plus inspection fees. The new DSHS permit for a “Type 1” MFV, such as a prepackaged ice cream pushcart, costs $309 and has no inspection fee, making it cheaper than the city permits.
DSHS released its guide for MFV permitting on Thursday:
mobile-food-vendor-guideDownload
A pushcart is also required to have documentation about where the prepackaged products were obtained to ensure the manufacturer has met its safety and permitting requirements.
City ordinance, as well state and federal law (U.S. Department of Agriculture Food Code 8-304.11), require all food vendors to clearly display their permit.
APH said local MFV operators can attend a townhall meeting at 2:30 p.m. on June 10 about the new permits. It’ll be at APH’s office, which is at 1520 Rutherford Lane.
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