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: Mar 8, 2024
BILL NUMBER: HB 1258 BILL AMENDED: Mar 8, 2024
SUBJECT: Food Regulation.
FIRST AUTHOR: Rep. King BILL STATUS: Enrolled
FIRST SPONSOR: Sen. Johnson T
FUNDS AFFECTED: GENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: For provisions governing home based food products, the bill repeals the term
"potentially hazardous food product" and defines "time temperature control for safety food".
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 not to exceed $200.
The bill 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;
(3) issuing mobile retail food establishment permits; and
(4) conducting inspections of mobile retail food establishments.
It prohibits, beginning January 1, 2025, a person from operating a mobile retail food establishment without
a mobile retail food establishment permit from the local health department. It also 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
update administrative rules to meet the requirements of the bill, including providing guidelines to local health
HB 1258 1 officers concerning the updated home based vendor food safety requirements. 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, and
establish an annual permit fee not to exceed $200. The bill also requires local health departments to perform
inspections of mobile retail food establishments in accordance with rules adopted by the IDOH.
Any local health department needing to establish a new, or modify their existing, mobile food unit permit
and related processes would experience an increase in workload to administer the permit application process
and to conduct inspections, as required by the bill. It is expected that these functions will be funded from
permit fees received by local health departments.
Explanation of Local Revenues: Local health departments that currently issue permits for mobile retail food
establishments 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 permits 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; Jason Barrett, 317-232-9809.
HB 1258 2