The Monterey County Board of Supervisors voted to make enforcement of unpermitted “pop-up” taco vendors a priority at their meeting Tuesday by upping collaboration between the Environmental Health Bureau and law enforcement agencies in an attempt to crack down on the persistent public health threat.
The board also voted to install cement barriers at one well known gathering spot for unpermitted food vendors on Union Pacific property in Pajaro, at 499 Salinas Road.
The Environmental Health Bureau reports a recent increase in “pop-up” taco vendors, which they believe may be attributed to Senate Bill 972 which took effect in January 2023, decriminalizing sidewalk food vending.
The bill states that vendors selling prepackaged foods or whole, uncut produce from a display area less than 25 square feet are usually exempt from needing a health permit. This however, does not apply to vendors that do any cutting, slicing or cooking – “full preparation vendors” – like taco trucks, but has caused an uptick in vendors nonetheless.
Since July 2024, the bureau has received 223 complaints about unpermitted food vendors. Environmental Health staff reports responding to these complaints on a weekly basis.
While there has yet to be a confirmed case of foodborne illness linked to these unpermitted vendors, health violations commonly found at these pop-up sites – lack of refrigeration or handwashing stations, unsafe food handling, improper use of cooked meat – are what District 2 Supervisor Glenn Church called, “a real health risk that in many ways is just a time bomb.”
The Board of Supervisors received a public comment via email claiming that there was a recent case in Marina where 20 people ended up sick after eating at an unpermitted food vendor, though this was unreported and unverified.
Enforcement efforts have been tough, said Armando Gonzalez, supervisor of the bureau’s Consumer Health Protection Services. Gonzalez said staff has tried warnings and food safety education for food operators, offering accessible pathways to acquiring a health permit to little avail.
“As non-compliance persisted our office has escalated enforcement efforts to include issuing administrative citations, impounding food and equipment, impounding vehicles with the assistance of the District Attorney’s Office,” Gonzalez said. Even with these measures, oftentimes the same vendors will reappear the next day, Gonzalez said.
Gonzalez noted that their efforts are not primarily aimed at small independent operators. Instead, according to the District Attorney’s Office, the majority of vendors are part of a large organized operation based in Merced County. The operation works in multiple counties across the state and is the subject of an ongoing investigation by the District Attorney’s Office.
“There is a larger case at play that we are currently working on in coordination with other law enforcement agencies,” said Marni Flagg, assistant bureau chief.
Current enforcement attempts have not only been largely ineffective, but potentially dangerous for environmental health staff.
“Inspectors have experienced intimidation by food operators and members of the public. Inspectors have been followed back to the office creating additional safety concerns,” Gonzalez said.
Given the concerns expressed by Environmental Health staff, the Board of Supervisors voted unanimously to make the issue a near-term priority, floating the idea of supporting existing staff with retired law enforcement officers during enforcement efforts. The board requested that staff return within 30 days with a specific plan on implementing the new prioritized effort.
