06/03/2026
To: Jefferson County Department of Health
Environmental Health Services
Jannese Covington, MPH
Environmental Health Program Manager
Food & Lodging Protection Division
Jefferson County Department of Health
1400 6th Avenue South
Birmingham, AL 35233
205) 930-1238- Direct (205) 930-1260- Main
Re: Objection and Request for Clarification Regarding Mobile Food Vendor Authorization Requirements Under SB197
This letter serves as a formal rebuttal to the June 2, 2026 correspondence issued by the Jefferson County Department of Health regarding the operation of mobile food vendors within Jefferson County.
The language contained in the letter appears inconsistent with both the intent and enacted provisions of Alabama Senate Bill 197, now enacted into law, which was specifically passed to eliminate the burdensome and fragmented county-by-county authorization system imposed on mobile food vendors throughout Alabama.
SB197 expressly establishes a statewide framework for mobile food vendors by requiring:
One valid health inspection certificate issued from the county where the commissary is located, and
One valid fire inspection certificate recognized statewide.
The legislation was enacted specifically to exempt mobile food vendors from obtaining individual health and fire inspections in multiple jurisdictions across the state.
However, the Jefferson County letter continues to impose operational conditions that directly mirror the very regulatory barriers SB197 was designed to eliminate, including:
Temporary authorization periods,
Additional county approval requirements,
Mandatory reapplication procedures,
County-specific operational schedules, and
Continued assertions that authorization in Jefferson County does not apply elsewhere.
These requirements undermine the legislative intent of statewide uniformity and create continued administrative obstacles for lawful mobile food vendors operating under valid Alabama credentials.
Of particular concern is the highlighted statement:
> “Your authorization to operate in Jefferson County is active until September 30, 2026…”
This language effectively creates a temporary county-issued operating privilege separate from the statewide authorization structure contemplated under SB197. Nothing in SB197 authorizes counties to impose arbitrary expiration dates, recurring authorization renewals, or duplicative operational approvals beyond the statewide permitting framework established by the Legislature.
Additionally, the statement that:
> “Authorization to operate in Jefferson County does not confer authorization to operate in any other county”
reflects the outdated framework under Alabama Administrative Code Rule 420-3-22-.09(2)(a), which required approval in every county.
SB197 was enacted precisely to supersede this fragmented system and replace it with statewide recognition of health and fire certifications.
The Alabama Legislature overwhelmingly passed SB197 with bipartisan support to reduce unnecessary government duplication, improve economic opportunity for small businesses, and establish uniform statewide standards for food truck operations.
Therefore, any continued county-level practices that functionally recreate multiple local authorization systems appear contrary to both:
1. The legislative purpose of SB197, and
2. The statewide regulatory consistency intended by the Alabama Legislature.
We respectfully request:
Immediate clarification regarding Jefferson County’s interpretation of SB197,
Identification of the statutory authority permitting county-specific expiration dates and recurring authorization requirements, and
Assurance that Jefferson County will fully comply with the statewide operational framework established under Alabama law.
Mobile food vendors should not continue facing the same inconsistent county-by-county regulatory burdens after the Legislature has expressly acted to remove them.
Additionally, the Jefferson County letter references a requirement that the commissary be located “within 100 miles” of the permitted operation. No such mileage limitation exists anywhere within SB197.
SB197 contains no language establishing:
a 100-mile commissary restriction,
a geographic operating radius,
a mileage cap between commissary and operating county, or
any authority for local jurisdictions to impose additional distance limitations beyond state law.
The only location-related provision contained in SB197 states that the required health inspection “shall be conducted by the county health department in the jurisdiction where the mobile food unit’s commissary is located.” The law does not impose any mileage restriction tied to that commissary.
Therefore, Jefferson County’s assertion that a mobile food vendor may only operate using a commissary “within 100 miles” appears to be an internally created policy rather than a requirement established under Alabama statutory law.
If Jefferson County intends to enforce a 100-mile limitation against mobile food vendors, the Department should identify:
1. The specific statutory authority authorizing such restriction,
2. The administrative rule implementing that restriction, and
3. Whether the Department acknowledges that SB197 was enacted to create uniform statewide standards rather than additional local operational barriers.
Absent explicit statutory authority, imposing a mileage limitation that is not contained within SB197 appears inconsistent with the Legislature’s intent to establish statewide reciprocity and reduce county-by-county regulatory obstacles for lawful mobile food vendors.
Respectfully,
John leddy
President of The United Food Vendors of Alabama
Relevant Legislative References:
[SB197 Enrolled Act](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2026RS/SB197-enr.pdf?utm_source=chatgpt.com)
[Alabama Legislature Bill Search]
Jefferson County Health Department
City of Birmingham Government
Americans for Prosperity - Alabama
Institute for Justice
