*EH1258.1*
February 23, 2024
ENGROSSED
HOUSE BILL No. 1258
_____
DIGEST OF HB 1258 (Updated February 21, 2024 9:57 am - DI 140)
Citations Affected: IC 16-18; IC 16-42.
Synopsis: Mobile retail food establishments. Requires a local health
department to: (1) issue a mobile retail food establishment permit and
inspect a mobile retail food establishment in accordance with
administrative rules adopted by the Indiana department of health (state
department); and (2) 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. Provides that a local
health department may not adopt standards concerning mobile retail
food establishments that are more stringent than the rules adopted by
the state department.
Effective: July 1, 2024.
King, Sweet, Barrett
(SENATE SPONSORS — JOHNSON T, CHARBONNEAU, DONATO,
FORD J.D.)
January 9, 2024, read first time and referred to Committee on Public Health.
January 30, 2024, amended, reported — Do Pass.
February 1, 2024, read second time, ordered engrossed. Engrossed.
February 5, 2024, read third time, passed. Yeas 74, nays 22.
SENATE ACTION
February 12, 2024, read first time and referred to Committee on Health and Provider
Services.
February 22, 2024, reported favorably — Do Pass.
EH 1258—LS 6853/DI 147 February 23, 2024
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.
ENGROSSED
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
EH 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 local health department shall:
25 (1) issue a mobile retail food establishment permit; and
26 (2) inspect a mobile retail food establishment;
27 in accordance with rules adopted by the state department under
28 IC 4-22-2.
29 (b) A local health department shall do the following:
30 (1) Establish an annual fee:
31 (A) to be paid with each application for the issuance or
32 renewal of a mobile retail food establishment permit; and
33 (B) that does not exceed one hundred fifty dollars ($150).
34 (2) Establish an inspection fee:
35 (A) to be paid for each inspection of a mobile retail food
36 establishment; and
37 (B) that does not exceed fifty dollars ($50).
38 Sec. 5. (a) Not later than January 1, 2025, a local health
39 department shall begin:
40 (1) receiving applications for mobile retail food establishment
41 permits;
42 (2) collecting annual permit fees and inspection fees;
EH 1258—LS 6853/DI 147 3
1 (3) issuing a mobile retail food establishment permit; and
2 (4) conducting inspections of mobile retail food
3 establishments.
4 (b) Beginning January 1, 2025, a person may not operate a
5 mobile retail food establishment within the jurisdiction of a local
6 health department unless the person obtains a permit from the
7 local health department.
8 Sec. 6. (a) A local health department may conduct more than
9 one (1) inspection of a mobile retail food establishment.
10 (b) The total amount of fees charged by a local health
11 department for inspecting each mobile retail food establishment
12 may not exceed two hundred dollars ($200) annually.
13 (c) If a mobile retail food establishment fails an inspection
14 conducted by the local health department, the amount of the fee
15 may not be included in the total amount of fees described in
16 subsection (b).
17 Sec. 7. A local health department may not adopt standards
18 concerning mobile retail food establishments that are more
19 stringent than the rules adopted by the state department under
20 IC 4-22-2.
21 Sec. 8. A mobile retail food establishment permit issued by a
22 local health department under this chapter:
23 (1) is in effect for one (1) year;
24 (2) may be renewed annually by the owner or operator of a
25 mobile retail food establishment that continues to meet the
26 standards established by the local health department under
27 this chapter; and
28 (3) authorizes the owner or operator to operate a mobile retail
29 food establishment within the jurisdiction of the local health
30 department.
EH 1258—LS 6853/DI 147 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred House Bill 1258, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 2, delete lines 24 through 42, begin a new paragraph and
insert:
"Sec. 4. A local health department shall:
(1) issue a mobile retail food establishment permit; and
(2) inspect a mobile retail food establishment;
in accordance with rules adopted by the state department under
IC 4-22-2.
(b) A local health department shall do the following:
(1) Establish an annual fee:
(A) to be paid with each application for the issuance or
renewal of a mobile retail food establishment permit; and
(B) that does not exceed one hundred fifty dollars ($150).
(2) Establish an inspection fee:
(A) to be paid for each inspection of a mobile retail food
establishment; and
(B) that does not exceed fifty dollars ($50).".
Page 3, delete line 1.
Page 3, between lines 22 and 23, begin a new paragraph and insert:
"Sec. 7. A local health department may not adopt standards
concerning mobile retail food establishments that are more
stringent than the rules adopted by the state department under
IC 4-22-2.".
Page 3, line 23, delete "Sec. 7." and insert "Sec. 8.".
and when so amended that said bill do pass.
(Reference is to HB 1258 as introduced.)
BARRETT
Committee Vote: yeas 8, nays 0.
EH 1258—LS 6853/DI 147 5
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred House Bill No. 1258, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to HB 1258 as printed January 30, 2024.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 10, Nays 0
EH 1258—LS 6853/DI 147