LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6853 NOTE PREPARED: Feb 5, 2024
BILL NUMBER: HB 1258 BILL AMENDED: Jan 30, 2024
SUBJECT: Mobile Retail Food Establishments.
FIRST AUTHOR: Rep. King BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Johnson T
FUNDS AFFECTED: GENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill 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 (IDOH) ; and
(2) establish an annual permit fee and inspection fee.
It 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.
The bill sets forth limitations on permit fees and inspection fees.
It 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.
The bill 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 IDOH.
Effective Date: July 1, 2024.
Explanation of State Expenditures: The Indiana Department of Health (IDOH) may need to adopt or
HB 1258 1 update administrative rules to meet the requirements of the bill. The bill’s requirements are within the
agency’s routine administrative functions and should be able to be implemented with no additional
appropriations, assuming near customary agency staffing and resource levels. [The IDOH’s administrative
expenditures are currently paid from the Tobacco Master Settlement Fund, a dedicated fund.]
Explanation of State Revenues:
Explanation of Local Expenditures: Local health departments must, prior to January 1, 2025, create a
mobile retail food establishment permit, establish standards for the operation, create an application, establish
an annual fee not to exceed $150, and establish an inspection fee not to exceed $50. The bill also requires
local health departments to perform annual inspections of a mobile retail food establishment.
Any local health department needing to establish a new, or modify their existing, mobile food unit license
and related processes would experience an increase in workload to administer the licensing protocols and
to conduct annual inspections, as required by the bill. It is expected that these functions will be funded from
fees set by local health departments.
Explanation of Local Revenues: Local health departments that currently issue licenses for mobile food unit
licenses could experience either an increase or decrease in fee revenues, depending on the fee levels set.
Additional Information: Currently, local health departments that issue mobile food unit licenses charge
annual fees ranging between $25 and $175 for seasonal units, and between $100 and $375 for year-round
units.
State Agencies Affected: Indiana Department of Health.
Local Agencies Affected: Local health departments; health and hospital corporation of Marion county.
Information Sources:
https://marionhealth.org/wp-content/uploads/2023/06/MOBILE-REQUIREMENTS-2022-1-1.pdf;
https://www.indy.gov/activity/vendor-cart-licenses;
https://www.co.hendricks.in.us/egov/documents/1662064339_22719.pdf;
https://www.hamiltoncountyhealth.org/wp-content/uploads/2023-fees-002.pdf;
https://www.hancockin.gov/DocumentCenter/View/171/Application-for-Yearly-Mobile-Food-Permit-PDF.
Fiscal Analyst: Jasmine Noel, 317-234-1360.
HB 1258 2