Introduced Version
HOUSE BILL No. 1258
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-42-5.1.
Synopsis: Mobile retail food establishments. Requires a local health
department to: (1) establish standards for the issuance of a mobile retail
food establishment permit (permit) and the inspection and operation of
a mobile retail food establishment; (2) prescribe a permit application
form; and (3) establish an annual permit fee and inspection fee.
Requires a local health department, not later than January 1, 2025, to
begin: (1) receiving applications for mobile retail food establishments;
(2) collecting annual permit fees and inspection fees; (3) issuing
mobile retail food establishment permits; and (4) conducting
inspections of mobile retail food establishments. Sets forth limitations
on permit fees and inspection fees. Provides that, beginning January 1,
2025, a person may not operate a mobile retail food establishment
within the jurisdiction of a local health department unless the person
obtains a permit from the local health department.
Effective: July 1, 2024.
King
January 9, 2024, read first time and referred to Committee on Public Health.
2024 IN 1258—LS 6853/DI 147 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1258
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-18-2-211, AS AMENDED BY P.L.208-2015,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 211. (a) "Local health department", except as
4 provided in subsection (b), means a department organized by a county
5 or city executive with a board, a health officer, and an operational staff
6 to provide health services to a county, city, or multiple county unit.
7 (b) "Local health department", for purposes of IC 16-41-7.5, has the
8 meaning set forth in IC 16-41-7.5-1.
9 (c) "Local health department", for purposes of IC 16-42-5.1, has
10 the meaning set forth in IC 16-42-5.1-1.
11 SECTION 2. IC 16-18-2-239.3 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2024]: Sec. 239.3. "Mobile retail food
14 establishment", for purposes of IC 16-42-5.1, has the meaning set
15 forth in IC 16-42-5.1-2.
16 SECTION 3. IC 16-18-2-239.4 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
2024 IN 1258—LS 6853/DI 147 2
1 [EFFECTIVE JULY 1, 2024]: Sec. 239.4. "Mobile retail food
2 establishment permit", for purposes of IC 16-42-5.1, has the
3 meaning set forth in IC 16-42-5.1-3.
4 SECTION 4. IC 16-42-5.1 IS ADDED TO THE INDIANA CODE
5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]:
7 Chapter 5.1. Mobile Retail Food Establishments
8 Sec. 1. As used in this chapter, "local health department" refers
9 to:
10 (1) a local health department established under IC 16-20; or
11 (2) the health and hospital corporation created under
12 IC 16-22-8.
13 Sec. 2. (a) As used in this chapter, "mobile retail food
14 establishment" means a retail food establishment that is readily
15 moveable.
16 (b) The term includes a retail food establishment that:
17 (1) has wheels;
18 (2) is on skids;
19 (3) is mounted on a vehicle; or
20 (4) is a marine vessel.
21 Sec. 3. As used in this chapter, "mobile retail food establishment
22 permit" refers to a permit issued by a local health department for
23 the operation of a mobile retail food establishment.
24 Sec. 4. (a) A local health department shall do the following:
25 (1) Establish standards for the issuance of a mobile retail food
26 establishment permit and inspection of a mobile retail food
27 establishment by the local health department.
28 (2) Establish standards for the operation of a mobile retail
29 food establishment.
30 (3) Prescribe a form for use by an owner or operator to apply
31 for a mobile retail food establishment permit.
32 (4) Establish an annual fee:
33 (A) to be paid with each application for the issuance or
34 renewal of a mobile retail food establishment permit; and
35 (B) that does not exceed one hundred fifty dollars ($150).
36 (5) Establish an inspection fee:
37 (A) to be paid for each inspection of a mobile retail food
38 establishment; and
39 (B) that does not exceed twenty-five dollars ($25).
40 (b) In establishing the standards under subsection (a), a local
41 health department shall require at least an annual inspection of a
42 mobile retail food establishment to ensure compliance with the
2024 IN 1258—LS 6853/DI 147 3
1 standards.
2 Sec. 5. (a) Not later than January 1, 2025, a local health
3 department shall begin:
4 (1) receiving applications for mobile retail food establishment
5 permits;
6 (2) collecting annual permit fees and inspection fees;
7 (3) issuing a mobile retail food establishment permit; and
8 (4) conducting inspections of mobile retail food
9 establishments.
10 (b) Beginning January 1, 2025, a person may not operate a
11 mobile retail food establishment within the jurisdiction of a local
12 health department unless the person obtains a permit from the
13 local health department.
14 Sec. 6. (a) A local health department may conduct more than
15 one (1) inspection of a mobile retail food establishment.
16 (b) The total amount of fees charged by a local health
17 department for inspecting each mobile retail food establishment
18 may not exceed two hundred dollars ($200) annually.
19 (c) If a mobile retail food establishment fails an inspection
20 conducted by the local health department, the amount of the fee
21 may not be included in the total amount of fees described in
22 subsection (b).
23 Sec. 7. A mobile retail food establishment permit issued by a
24 local health department under this chapter:
25 (1) is in effect for one (1) year;
26 (2) may be renewed annually by the owner or operator of a
27 mobile retail food establishment that continues to meet the
28 standards established by the local health department under
29 this chapter; and
30 (3) authorizes the owner or operator to operate a mobile retail
31 food establishment within the jurisdiction of the local health
32 department.
2024 IN 1258—LS 6853/DI 147