Seasonal Permanent Food Stand

Licensing Modernization - Update

Revisions to the MDA food licensing law were signed into law on May 23, 2025, and are in effect starting August 1, 2025. Changes are now in place for all new food businesses, and existing food businesses will be updated as they renew their licenses. For more detail on the changes, please see House File 2446, lines 78.13 through 89.5. More information about the process, including summary reports, are on MDA’s Food Licensing Modernization webpage. 

Seasonal Permanent Food Stand

A seasonal permanent food stand is a food and beverage service establishment which is a permanent food service stand or building, but which operates no more than 21 days annually. All food stands must be operated in compliance with the Minnesota Food Code and require a Food Handler License.

Plan Submission

Plans, specifications and fees must be submitted to the regulatory authority for review and approval at least 30 days before beginning the construction of a seasonal permanent food stand. The plans must include:

1. The intended menu and the anticipated volume of food to be stored, prepared, and sold. Please note that the regulatory authority may restrict the type of food served or the method of food preparation based on equipment limitations.
2. The proposed layout, mechanical schematics, construction materials, and finish schedules.
3. The proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications.
4. Detailed information on any custom fabricated equipment.
5. Detailed information on plumbing, water supply, and waste disposal.

Licensing

To apply for a Food Handler License, you must first complete an Applicant Form. Contact the MDA Licensing Liaison or your local food inspector to review your business plans and obtain the form. You will need the following information to submit the Applicant Form:

• Minnesota Tax ID number or social security number
• Legal business name (and DBA, if applicable)
• Physical address for your food business
• Pre-Licensing Applicant Form fee ($50)

After applying, our MDA Technical Review Team will evaluate your business plan and connect you with your area inspector to schedule a licensing inspection.

License applications and fees must be submitted to the regulatory authority prior to operation. Refer to the Retail Food Program page for information on license fees and what to expect during the inspection.

Location and Construction

1. Except for supply, the entire operation must be accomplished from a single self-contained stand. Locate the stand away from possible contamination sources.
2. The stand must be constructed to provide overhead protection.
3. The stand must provide protection during adverse weather by its construction or location. Food activities must cease in adverse weather if the interior of the unit is not adequately protected from the weather, windblown dust and debris.
4. The floor, wall, and ceiling surfaces must be smooth, durable, and easily cleanable. Floor surfaces should be sealed cement, vinyl or equivalent.
5. Interior lights must be shielded or coated.
6. In addition to the Minnesota Food Code, other applicable codes may apply. Other requirements include ensuring that gas hook-up and services comply with the State Mechanical Code (Minnesota Rules, Chapter 1346), electrical services comply with the State Electrical Code (Minnesota Rules, Chapter 1315) and that a fire extinguisher with a minimum 2A 10 B C rating is provided if required by the State Fire Marshal.

Food Sources

All foods, beverages and ice must be obtained from an approved commercial source. Any food preparation done off site, must be accomplished at a licensed food establishment. Food cannot be prepared in the home.

Equipment

1. All equipment used in this operation must meet applicable NSF International food service equipment standards.
2. A mechanical exhaust system must be provided when grease laden cooking vapor, fumes, condensation, obnoxious or disagreeable odors, or smoke are generated during cooking.
3. Mechanical refrigeration must be provided for all time/temperature control for safety foods.
4. Accurate temperature measuring devices must be provided in each refrigeration unit containing time/temperature control for safety foods, and for monitoring internal food temperatures.
5. Single service disposable utensils must be provided for eating and drinking purposes unless approved warewashing facilities are provided.

Dishwashing Facilities

If multiuse utensils are used, provide dishwashing facilities which consist of at least a three compartment sink, either freestanding or installed in a counter. Space must be provided for air drying utensils.

Handwashing Facilities

A handwashing device supplied with hot and cold running water, soap, nailbrush, and paper towels must be provided in areas where food is prepared.

Water Supply

The water supply in a food stand must meet the following requirements:

1. Water must be supplied under pressure with a mixing faucet.
2. Water must be obtained from an approved public water supply system. Water can not come from a residential well. If direct plumbing is not installed, water tanks must be provided which are easily cleanable, of sufficient capacity to meet the needs of the operation, and constructed of an approved non-toxic material. The water inlet must be protected from contamination and be designed to prevent attachment of a nonpotable service connection.
3. Hoses used to obtain water for food preparation or drinking purposes must be of food grade quality and provided with an approved backflow prevention device.
4. Water tanks, pumps, and hoses must be flushed and sanitized before being placed into service after construction, repair, modification, and periods of nonuse.

Waste Disposal

1. If direct drainage lines are not provided, a waste holding tank must be provided which is sized at least 15 percent larger in capacity than the water supply tank.
2. Waste water must be removed in such a manner that a public health hazard or nuisance is not created. Waste water must be discharged into a sanitary sewer or other approved sewage treatment system.