548.1 All vending vehicles and vending carts that vend food shall be inspected and approved by the DOH Director as being of a design which is approved by, or is equivalent to a design approved by, the National Sanitation Foundation. All equipment used in the vehicle or cart for the vending of food shall be inspected and approved by the DOH Director as being of commercial grade and in compliance with National Sanitation Foundation standards or the equivalent.

548.2 If DCRA waives any design standard for a food vending cart or vehicle that is not in compliance with §§ 545, 546, 547, or 548, a written waiver approving the non-compliant cart or vehicle shall be issued by DCRA, MPD, and DDOT to the DOH Director prior to DOH either conducting a food safety code compliance inspection pursuant to Subtitle A of Title 25 of the DCMR or issuing a health inspection certificate.

548.3 All vending vehicles and vending carts that vend food shall be designed and operated in accordance with all relevant food safety laws and may be required to include:

(a) A fresh water tank with at least a five gallon (5 gal.) capacity or more for food vending carts;

(b) A fresh water tank with at least a thirty-eight gallon (38 gal.) capacity or more for food vending vehicles;

(c) A waste water tank with a capacity fifteen percent (15%) or larger than the required fresh water tank;

(d) A three (3) compartment sink with hot and cold running water;

(e) A separate hand washing sink with mixing faucet;

(f) Walls, ceiling, and floors that are smooth and easily cleanable;

(g) Natural or electrical lighting to provide a minimum of fifty (50) candles of light on work surfaces;

(h) A generator-powered refrigerator that will maintain stored foods at forty-one degrees Fahrenheit (41° F) or below and that has sufficient holding capacity for one (1) day of operation;

(i) A generator-powered freezer that will hold stored foods at zero degrees Fahrenheit (0° F) or below and that has sufficient holding capacity for one (1) day of operation; and

(j) Adequate ventilation.

SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).