Customers lining up at a food truck window, How to Start a Food Truck in Virginia

How to Start a Food Truck in Virginia: VDH Permit $40 Plus $40, Local Fire Official, Food Trailers Included

Starting a food truck in Virginia is a sequence of separate filings, not one application. Virginia has no general state business license. The State Corporation Commission (SCC) forms your entity, Virginia Tax handles sales tax, the Virginia Department of Health (VDH) issues the mobile food unit permit through your local health department, a local fire official inspects any vehicle with open flames or smoke-producing appliances, and your city or county may levy a local business license tax. This guide puts those agencies in the order you will meet them.

The same steps apply to a truck or a food trailer. The VDH permit, fees, fire rules and commissary rules are identical for both. Trailers differ in purchase, build-out, towing and parking, and those differences have their own section below.

Materials and Documents You Need Before You Start

Gather these before you file anything. Most delays come from missing paperwork, not from the agencies themselves.

  • A business name, checked against existing filings in the SCC business search
  • A Virginia street address for a registered agent, if you form an LLC or corporation
  • A layout drawing of the unit showing where each piece of equipment sits
  • An equipment list with specification sheets for every appliance, sink and refrigeration unit
  • A written menu that identifies the major allergens in each item
  • Certified Food Protection Manager (CFPM) credentials from an ANSI-accredited program
  • The vehicle title or registration, and the locality where the unit is registered for personal property tax
  • A federal Employer Identification Number (EIN), which you can request directly from the IRS at no charge
  • Funds for the fees listed in each step below

Step 1: Choose and Form Your Business Entity

You can operate as a sole proprietor, but an LLC is common for a food truck with personal liability exposure, several owners or plans to hire. This is general information, not legal advice. A business attorney or CPA can tell you which structure fits your situation.

A Virginia LLC is formed by filing Articles of Organization (Form LLC1011) with the SCC for a $100 filing fee. File through the SCC Clerk's Information System at cis.scc.virginia.gov. Online filings can be expedited: next day for $50 or $100 (submitted by 2:00 PM Eastern, response by 4:00 PM the next business day), or same day for $200 (submitted by 10:00 AM Eastern, response by 4:00 PM). Expedited service is online only and nonrefundable.

The LLC name must contain "limited company," "limited liability company," "LC," "L.C.," "LLC" or "L.L.C." and must be distinguishable from names already on file. You can reserve a name for $10 for 120 days. The reservation can be renewed in the 45 days before it expires.

Virginia LLCs file no annual report. They pay a $50 annual registration fee to the SCC instead. That fee is due the last day of the 12th month after the month the LLC was organized, then every year. The SCC assesses it about two months ahead. A late payment adds a $25 penalty, and the LLC is canceled at the end of the third month after the due date.

A corporation files Articles of Incorporation (Form SCC619) for a $75 filing fee. Corporations also pay an annual report and annual registration fee, which is $100 for up to 5,000 authorized shares plus $30 for each additional 5,000 shares. Check the SCC annual fee schedule for the current figures.

A Virginia LLC or corporation must keep a registered agent who is a Virginia resident with a Virginia street registered office, available during business hours. The agent must be either a member of the Virginia State Bar or a member, manager, officer, trustee or general partner of the entity. The entity cannot be its own agent.

If you operate under a name other than your legal name, file an Assumed Name Certificate with the SCC Clerk's Office for $10. It is filed with the SCC, not the circuit court, and requires no newspaper publication.

Step 2: Register for Sales Tax

Prepared food is taxable in Virginia, so you need to collect sales tax from your first sale. Apply for a sales tax permit through Virginia Tax at tax.virginia.gov/sales-and-use-tax. The base rate is 5.3% (state plus local). Some localities are higher: 6% in the regional-tax localities, 6.3% in eight localities, and 7% in the Historic Triangle (James City County, Williamsburg and York County). Groceries carry a 1% rate. Confirm which rate applies to the locations where you will sell before you set your menu prices.

Step 3: Decide Between a Truck and a Trailer

Both use the same VDH mobile food unit permit. The VDH mobile food unit (MFU) permit covers trucks, trailers, pushcarts and vans. The unit must be readily movable, and all operations and equipment must be within or attached to the unit. A trailer that is parked and cannot move will not qualify under that definition. The trailer section below covers towing, registration and storage in more detail.

Step 4: Submit the VDH Plan Review

Before you buy equipment or finish a build-out, submit a plan review application with a $40 fee to your local health department. Ask which health district handles your unit, because some districts use their own forms. Plan review needs your layout, equipment list with specification sheets, menu and CFPM credentials. Approval means you can build the unit as drawn. Changes to equipment or layout after approval may require another review, so confirm any change with the district before you make it.

Step 5: Confirm Your CFPM Coverage

At least one supervisory employee must be a Certified Food Protection Manager from an ANSI-accredited program, unless an exemption under 12VAC5-421-55 B or Va. Code 35.1-25 applies. Ask your health district whether an exemption could apply to your operation. Virginia has no statewide food handler card, so you do not need to buy one to satisfy a state rule.

Step 6: Plan Your Commissary and Servicing

A commissary is common, but it is not a flat rule for every mobile food unit. VDH says some localities have ordinances that require a commissary for all mobile food units. Elsewhere, a commissary is required when the operator cannot show the unit is fully self-contained. Food prep that needs more space, storage, a three-compartment sink, restocking, filling fresh water or emptying waste water can trigger that requirement. Ask both the health district and your locality before you sign any commissary agreement, and confirm your water tank capacities against the health district's requirements.

Step 7: Submit the Permit Application and Pass Inspection

After plan approval, submit the permit application with a $40 fee at least 30 days before you plan to open. VDH then inspects the actual unit, not the drawing. Keep the built unit consistent with the approved plan and the equipment specification sheets. When the unit passes, VDH issues the permit as a sticker, and the sticker must be displayed on the unit.

Step 8: Get the Fire Permit

Under section 319 of the Virginia Statewide Fire Prevention Code, vehicles with open flames or appliances that produce smoke or grease-laden vapors need a fire permit and inspection. Fryers and grills are the typical examples, so plan for this step if your menu uses either.

The enforcing agent is the fire official of the Virginia locality where the vehicle is registered for personal property tax. Know which locality that is before you register the vehicle. The State Fire Marshal's Office (SFMO) acts only where no local fire official exists, and it charges an annual $200 permit fee in those places. An owner who pays personal property tax outside Virginia is routed to the SFMO. The SFMO names Alexandria, Richmond, Fairfax, Loudoun and Henrico as localities with their own fire officials. Local fire fees vary, so contact the fire official in your locality for the fee and inspection schedule.

Step 9: Check Local Licensing and Where You Can Park

The local license is the Business, Professional and Occupational License (BPOL) tax under Va. Code 58.1-3700 et seq. Each city or county administers its own BPOL, usually through the Commissioner of the Revenue. Not every locality levies a general license. Va. Code 58.1-3704 allows a locality to levy none. Stafford, Rockingham, Bedford County, Washington County, Montgomery County, Louisa and Fluvanna are examples of localities without a general county license, and a town can displace the county tax, so check both. Localities set their own rates and filing deadlines, so never assume the rate from another city applies to you.

Where you can park and sell is also local. Zoning, vending zones, private property permission and mobile vendor permits differ by city and county. Get written permission before you operate on any private lot. Some localities also tax itinerant merchants and peddlers up to $500 a year under Va. Code 58.1-3717. For a complete view of permit requirements, see the Virginia food truck license and mobile vendor permit guide on this site.

Step 10: Decide Early Whether You Will Serve Alcohol

Alcohol from a truck is handled through the Virginia Alcoholic Beverage Control Authority (ABC), and the license type depends on your service model. Call ABC before you design your menu or sign a vendor agreement. Do not assume a license you hold for one event type covers another.

Step 11: Plan Your Staffing

Virginia's minimum wage is $12.77 in 2026, $13.75 in 2027 and $15.00 in 2028. Workers' compensation coverage applies when you have three or more employees under Va. Code 65.2-101. Budget for that coverage before you hire your third worker.

Step 12: Update Your Menu Board and Allergen Disclosure

Updated food regulations took effect September 10, 2026. They include a written major allergen disclosure that lists sesame, and a hot water minimum of 85 degrees F. Your menu board and any written allergen information should reflect the updated disclosure before your first service.

Food Trailers: What Changes and What Stays the Same

A food trailer follows the same permit, fees, fire rules and commissary rules as a truck. The differences are purchase, build-out, towing and parking.

Tow Vehicle

Your tow vehicle must be rated to pull the loaded trailer, and the hitch and towing setup must match the trailer's weight. Check the manufacturer's towing ratings for both vehicles before you buy. A trailer that is too heavy for its tow vehicle creates a safety problem that no permit can fix.

Registration

The tow vehicle and the trailer each need their own registration. The address on the registration determines the locality for personal property tax, and that locality's fire official is the enforcing agent for the fire permit. Make that decision with the fire rules in mind.

Storage

Where the trailer is stored affects zoning, overnight parking and your servicing options. If the storage site cannot support filling fresh water or emptying waste water, the commissary requirement described in Step 6 may apply. Get the property owner's written permission before you commit to a storage site.

Build-Out

If you hire a contractor for the build-out, Virginia contractor licenses have been classed since July 1, 2025. Class C covers projects over $1,000 to under $30,000, Class B covers $30,000 to under $150,000, and Class A covers $150,000 or more. Confirm with the Department of Professional and Occupational Regulation (DPOR) which class your project requires and whether your contractor is properly licensed.

Common Mistakes to Avoid

  • Submitting the permit application before plan approval. The $40 permit application follows approval of the plan review, not the reverse.
  • Buying equipment without specification sheets. Plan review needs them, and substitutions can force a new review.
  • Assuming one locality's BPOL rate or rules apply statewide. Each locality sets its own, and some levy no general license at all.
  • Looking for a Virginia food handler card. The state requires a CFPM in food establishments, not a food handler card.
  • Assuming the State Fire Marshal inspects every truck. The local fire official usually does, and the SFMO acts only where no local official exists.
  • Parking on private property without written permission. Zoning and vending rules are local, and permission is a separate requirement.
  • Skipping the commissary question. Ask the health district and your locality early, because the answer shapes your lease, storage and budget.
  • Choosing a fire-official locality by accident. The registration address controls which fire official inspects the unit.

Expected Results

A complete plan review packet may mean fewer requests for additional information, and a unit that matches its approved plan and specification sheets may be more likely to pass the inspection on the first visit. Your opening date depends on the health district, the fire official, your locality's licensing timeline and your build schedule, so plan for the 30-day permit lead time as a minimum rather than a guaranteed date. Results vary by location, equipment and operation.

Official Virginia Resources

This article is informational content, not legal or tax advice. Fees, deadlines and local rules change, and some figures above should be confirmed with the named agency before you rely on them. Because a food truck touches entity formation, tax, food safety, fire code, employment and local zoning, consult a qualified Virginia attorney and CPA before you commit money to a plan.

Keep exploring: related Virginia guides