Indiana 2024 Regular Session

Indiana House Bill HB1288 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1288
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-42-5.4.
7	7	Synopsis: State regulation of mobile food vendors. Provides that a
8	8	person may not operate a mobile food unit unless the person is issued
9	9	a statewide mobile food unit license (license) by the Indiana
10	10	department of health (state department). Sets forth requirements for
11	11	licensure and the operation of a mobile food unit. Establishes the
12	12	mobile food unit fund for the purpose of paying costs incurred by the
13	13	state department or a local authority under a collaborative agreement
14	14	in conducting health inspections of mobile food units. Specifies
15	15	limitations on the regulation of mobile food units.
16	16	Effective: July 1, 2024.
17	17	Sweet
18	18	January 9, 2024, read first time and referred to Committee on Public Health.
19	19	2024 IN 1288—LS 6798/DI 147 Introduced
20	20	Second Regular Session of the 123rd General Assembly (2024)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2023 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1288
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	health and to make an appropriation.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 16-18-2-52.1 IS ADDED TO THE INDIANA
35	35	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
36	36	3 [EFFECTIVE JULY 1, 2024]: Sec. 52.1. "Certificate of excellence",
37	37	4 for purposes of IC 16-42-5.4, has the meaning set forth in
38	38	5 IC 16-42-5.4-1.
39	39	6 SECTION 2. IC 16-18-2-58.5 IS ADDED TO THE INDIANA
40	40	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
41	41	8 [EFFECTIVE JULY 1, 2024]: Sec. 58.5. "Collaborative agreement",
42	42	9 for purposes of IC 16-42-5.4, has the meaning set forth in
43	43	10 IC 16-42-5.4-2.
44	44	11 SECTION 3. IC 16-18-2-80 IS AMENDED TO READ AS
45	45	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 80. "Corporation", for
46	46	13 purposes of IC 16-22-8, IC 16-42-5, and IC 16-42-5.2, and
47	47	14 IC 16-42-5.4, means the health and hospital corporation created under
48	48	15 IC 16-22-8.
49	49	16 SECTION 4. IC 16-18-2-143, AS AMENDED BY P.L.1-2010,
50	50	17 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51	51	2024 IN 1288—LS 6798/DI 147 2
52	52	1 JULY 1, 2024]: Sec. 143. (a) "Fund", for purposes of IC 16-26-2, has
53	53	2 the meaning set forth in IC 16-26-2-2.
54	54	3 (b) "Fund", for purposes of IC 16-31-8.5, has the meaning set forth
55	55	4 in IC 16-31-8.5-2.
56	56	5 (c) "Fund", for purposes of IC 16-41-39.4, refers to the childhood
57	57	6 lead poisoning prevention fund established by IC 16-41-39.4-3.1.
58	58	7 (d) "Fund", for purposes of IC 16-41-39.8, refers to the lead trust
59	59	8 fund established by IC 16-41-39.8-7.
60	60	9 (e) "Fund", for purposes of IC 16-46-5, has the meaning set forth in
61	61	10 IC 16-46-5-3.
62	62	11 (f) "Fund", for purposes of IC 16-46-12, has the meaning set forth
63	63	12 in IC 16-46-12-1.
64	64	13 (g) "Fund", for purposes of IC 16-41-42.2, has the meaning set forth
65	65	14 in IC 16-41-42.2-2.
66	66	15 (h) "Fund", for purposes of IC 16-35-8, has the meaning set forth in
67	67	16 IC 16-35-8-2.
68	68	17 (i) "Fund", for purposes of IC 16-42-5.4, has the meaning set
69	69	18 forth in IC 16-42-5.4-3.
70	70	19 SECTION 5. IC 16-18-2-202.5 IS ADDED TO THE INDIANA
71	71	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
72	72	21 [EFFECTIVE JULY 1, 2024]: Sec. 202.5. "Licensee", for purposes
73	73	22 of IC 16-42-5.4, has the meaning set forth in IC 16-42-5.4-4.
74	74	23 SECTION 6. IC 16-18-2-208.5 IS ADDED TO THE INDIANA
75	75	24 CODE AS A NEW SECTION TO READ AS FOLLOWS
76	76	25 [EFFECTIVE JULY 1, 2024]: Sec. 208.5. "Local authority", for
77	77	26 purposes of IC 16-42-5.4, has the meaning set forth in
78	78	27 IC 16-42-5.4-5.
79	79	28 SECTION 7. IC 16-18-2-237.7 IS ADDED TO THE INDIANA
80	80	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
81	81	30 [EFFECTIVE JULY 1, 2024]: Sec. 237.7. "Mobile food unit", for
82	82	31 purposes of IC 16-42-5.4, has the meaning set forth in
83	83	32 IC 16-42-5.4-6.
84	84	33 SECTION 8. IC 16-42-5.4 IS ADDED TO THE INDIANA CODE
85	85	34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
86	86	35 JULY 1, 2024]:
87	87	36 Chapter 5.4. Statewide Mobile Food Unit License
88	88	37 Sec. 1. As used in this chapter, "certificate of excellence" refers
89	89	38 to a certificate issued by the state department to a licensee under
90	90	39 section 17 of this chapter.
91	91	40 Sec. 2. As used in this chapter, "collaborative agreement"
92	92	41 means an agreement between the state department and a local
93	93	42 authority allowing the local authority to conduct health inspections
94	94	2024 IN 1288—LS 6798/DI 147 3
95	95	1 of mobile food units.
96	96	2 Sec. 3. As used in this chapter, "fund" refers to the mobile food
97	97	3 unit fund established by section 9 of this chapter.
98	98	4 Sec. 4. As used in this chapter, "licensee" means a person who
99	99	5 is issued a statewide mobile food unit license under this chapter.
100	100	6 Sec. 5. As used in this chapter, "local authority" means any of
101	101	7 the following:
102	102	8 (1) A legislative body (as defined in IC 36-1-2-9).
103	103	9 (2) A local board of health.
104	104	10 (3) A local health department.
105	105	11 (4) The health and hospital corporation.
106	106	12 Sec. 6. As used in this chapter, "mobile food unit" means a food
107	107	13 truck or another mobile unit from which food ready for immediate
108	108	14 consumption is sold or provided.
109	109	15 Sec. 7. (a) A person may not operate a mobile food unit unless
110	110	16 the person holds a statewide mobile food unit license issued by the
111	111	17 state department under this chapter.
112	112	18 (b) A person shall obtain a statewide mobile food unit license for
113	113	19 each mobile food unit the person operates.
114	114	20 (c) A local authority may not prohibit a person from operating
115	115	21 a mobile food unit in the local authority's jurisdiction if the person:
116	116	22 (1) holds a statewide mobile food unit license; and
117	117	23 (2) complies with local and state law that does not conflict
118	118	24 with this chapter.
119	119	25 (d) An individual who drives a mobile food unit shall hold and
120	120	26 maintain a current driver's license.
121	121	27 Sec. 8. (a) The state department shall do the following:
122	122	28 (1) Develop a written application that meets the requirements
123	123	29 of section 10 of this chapter for a statewide mobile food unit
124	124	30 license.
125	125	31 (2) Issue a statewide mobile food unit license to an applicant
126	126	32 who meets the requirements of this chapter.
127	127	33 (3) Develop guidance for statewide mobile food unit license
128	128	34 applicants that includes:
129	129	35 (A) instructions for obtaining, maintaining, and renewing
130	130	36 a statewide mobile food unit license; and
131	131	37 (B) a description of standards used for the inspection of a
132	132	38 mobile food unit.
133	133	39 (4) Develop criteria for conducting health inspections of
134	134	40 mobile food units that:
135	135	41 (A) is based on objective criteria; and
136	136	42 (B) uses an "A" through "F" grading system to score a
137	137	2024 IN 1288—LS 6798/DI 147 4
138	138	1 mobile food unit based on the licensee's compliance with
139	139	2 applicable state and local law.
140	140	3 (5) Ensure that each mobile food unit is inspected according
141	141	4 to the inspection frequency described in section 16 of this
142	142	5 chapter.
143	143	6 (6) Establish and maintain a statewide mobile food unit
144	144	7 license data base that:
145	145	8 (A) includes the name, inspection reports, and public
146	146	9 complaints concerning each licensee;
147	147	10 (B) is accessible to local authorities; and
148	148	11 (C) allows a licensee to provide periodic itineraries to the
149	149	12 state department.
150	150	13 (7) Establish an online application platform for an applicant
151	151	14 to submit an application for a statewide mobile food unit
152	152	15 license.
153	153	16 (8) Publish the:
154	154	17 (A) application described in subdivision (1); and
155	155	18 (B) guidance developed under subdivision (3);
156	156	19 on the state department's website.
157	157	20 (b) Subject to subsections (c) and (d), the state department may
158	158	21 establish a reasonable fee schedule and classification of fees,
159	159	22 including an inspection fee, a license fee, and a license renewal fee.
160	160	23 (c) The state department shall, in consultation with a local
161	161	24 authority under a collaborative agreement, establish an inspection
162	162	25 fee. To determine the amount of the fee, the state department shall
163	163	26 consider the average cost of conducting an inspection under this
164	164	27 chapter and the number of inspections to be conducted each year.
165	165	28 The inspection fee:
166	166	29 (1) must cover the average cost of conducting a health
167	167	30 inspection of a mobile food unit; and
168	168	31 (2) may not exceed two hundred dollars ($200).
169	169	32 (d) A license or renewal fee may not exceed two hundred dollars
170	170	33 ($200).
171	171	34 (e) The state department shall deposit all fees collected under
172	172	35 this chapter in the fund.
173	173	36 Sec. 9. (a) The mobile food unit fund is established for the
174	174	37 purpose of paying costs incurred by the state department or a local
175	175	38 authority acting under a collaborative agreement in conducting
176	176	39 health inspections under this chapter.
177	177	40 (b) The fund shall be administered by the state department.
178	178	41 (c) The fund consists of fees deposited in the fund under this
179	179	42 chapter.
180	180	2024 IN 1288—LS 6798/DI 147 5
181	181	1 (d) The treasurer of state shall invest the money in the fund not
182	182	2 currently needed to meet the obligations of the fund in the same
183	183	3 manner as other public funds may be invested.
184	184	4 (e) Money in the fund at the end of a state fiscal year does not
185	185	5 revert to the state general fund.
186	186	6 (f) Money in the fund is continuously appropriated to the state
187	187	7 department to carry out the purpose described in subsection (a).
188	188	8 Sec. 10. (a) An applicant for a statewide mobile food unit license
189	189	9 must submit an application for the license on a form prepared by
190	190	10 the state department and provide, under oath, the following
191	191	11 information:
192	192	12 (1) The name, address, and telephone number of the
193	193	13 applicant.
194	194	14 (2) The name, address, and telephone number for a business
195	195	15 or organization the applicant represents and documentation
196	196	16 verifying the business relationship.
197	197	17 (3) A description of the food the applicant intends to provide
198	198	18 or sell.
199	199	19 (4) Whether the applicant has been denied a mobile food unit
200	200	20 license or permit in a local jurisdiction or state.
201	201	21 (5) Whether the applicant has had a mobile food unit license
202	202	22 or permit suspended or revoked in a local jurisdiction or
203	203	23 state.
204	204	24 (6) The reason for a denial, suspension, or revocation
205	205	25 described in subdivision (4) or (5).
206	206	26 (7) The following information for each mobile food unit:
207	207	27 (A) The license plate number.
208	208	28 (B) The vehicle identification number.
209	209	29 (C) The bureau of motor vehicles registration.
210	210	30 (D) A description of the vehicle.
211	211	31 (E) Proof of insurance.
212	212	32 (F) If applicable, proof of an additional license or permit
213	213	33 required for a commercial vehicle.
214	214	34 (8) Additional information or documentation required by the
215	215	35 state department.
216	216	36 (b) An applicant may submit one (1) application for all mobile
217	217	37 food units for which the applicant seeks to obtain a statewide
218	218	38 mobile food unit license.
219	219	39 (c) An applicant shall pay the license fee and inspection fee
220	220	40 established by the state department under section 8 of this chapter
221	221	41 when the applicant submits an application.
222	222	42 (d) An applicant may not knowingly or intentionally:
223	223	2024 IN 1288—LS 6798/DI 147 6
224	224	1 (1) provide false information; or
225	225	2 (2) omit required information;
226	226	3 on an application under this section.
227	227	4 Sec. 11. (a) Upon receiving an application for a statewide mobile
228	228	5 food unit license, the state department shall determine the mobile
229	229	6 food unit's food type classification in accordance with the
230	230	7 following:
231	231	8 (1) The state department shall classify an applicant's mobile
232	232	9 food unit as Type I if the applicant intends to provide or sell:
233	233	10 (A) prepackaged food;
234	234	11 (B) food that is not a potentially hazardous food product
235	235	12 (as defined in IC 16-18-2-287.8); or
236	236	13 (C) food that poses a low risk of harm to the public.
237	237	14 (2) The state department shall classify an applicant's mobile
238	238	15 food unit as Type II if the applicant intends to provide or sell
239	239	16 food that requires limited handling and preparation.
240	240	17 (3) The state department shall classify an applicant's mobile
241	241	18 food unit as Type III if the applicant intends to provide or sell
242	242	19 food that is cooked, held, and served from the mobile food
243	243	20 unit.
244	244	21 (b) The state department may specify the categories of food a
245	245	22 licensee may provide or sell based on the mobile food unit's
246	246	23 classification.
247	247	24 (c) A licensee who wishes to provide or sell food that is not
248	248	25 within the mobile food unit's classification, as determined by the
249	249	26 state department, shall submit a request to the state department
250	250	27 for reclassification. After receiving a request for reclassification,
251	251	28 the state department may conduct an inspection and reclassify the
252	252	29 mobile food unit.
253	253	30 Sec. 12. Not later than fourteen (14) days after the date on which
254	254	31 an applicant submits an application for a statewide mobile food
255	255	32 unit license, the state department or a local authority acting under
256	256	33 a collaborative agreement shall conduct a health inspection of the
257	257	34 applicant's mobile food unit to ensure compliance with IC 16-42-5.
258	258	35 Sec. 13. (a) The state department shall issue a statewide mobile
259	259	36 food unit license to an applicant who has submitted a completed
260	260	37 application, passed the initial health inspection required under
261	261	38 section 12 of this chapter, and paid any applicable fee.
262	262	39 (b) A statewide mobile food unit license is valid for one (1) year
263	263	40 and must be renewed annually.
264	264	41 (c) Except as provided in subsection (d), a statewide mobile food
265	265	42 unit license is not transferable and only permits the licensee to
266	266	2024 IN 1288—LS 6798/DI 147 7
267	267	1 operate the mobile food unit described in the licensee's application.
268	268	2 (d) If a licensee sells or replaces the mobile food unit described
269	269	3 in subsection (c), the licensee shall provide the state department
270	270	4 with updated information required by section 10 of this chapter.
271	271	5 (e) As soon as practicable but not later than fourteen (14) days
272	272	6 after the state department receives the updated information
273	273	7 described in subsection (d), the state department or a local
274	274	8 authority acting under a collaborative agreement shall conduct an
275	275	9 initial health inspection of the mobile food unit in accordance with
276	276	10 section 12 of this chapter.
277	277	11 Sec. 14. (a) A licensee shall comply with all applicable state and
278	278	12 local laws that do not conflict with this chapter.
279	279	13 (b) Subject to the following conditions, a licensee may operate
280	280	14 a mobile food unit on public property:
281	281	15 (1) A licensee must park the mobile food unit at least twenty
282	282	16 (20) feet from an intersection.
283	283	17 (2) While operating the mobile food unit, the licensee must
284	284	18 follow parking rules and restrictions applicable to a
285	285	19 commercial vehicle.
286	286	20 (3) A licensee may operate a mobile food unit from a legal
287	287	21 parking space on a public right of way, including a metered
288	288	22 parking space that requires payment.
289	289	23 (c) A licensee may operate a mobile food unit on private
290	290	24 property under the following circumstances:
291	291	25 (1) The private property is located in a zoning area in which
292	292	26 food establishments are permitted.
293	293	27 (2) The private property is in a residential zoning district and
294	294	28 a resident of the district has invited the licensee to operate the
295	295	29 mobile food unit on the resident's property for the purpose of
296	296	30 providing food to the resident or the resident's guests.
297	297	31 (d) When operating a mobile food unit, a licensee may not
298	298	32 obstruct a street, sidewalk, or parkway that prevents a pedestrian
299	299	33 or vehicle from passing.
300	300	34 (e) When operating a mobile food unit, a licensee shall do the
301	301	35 following:
302	302	36 (1) Maintain the mobile food unit in good operating order.
303	303	37 (2) Prominently display on the mobile food unit for public
304	304	38 display the licensee's statewide mobile food unit license and
305	305	39 inspection certificate issued under section 17 of this chapter.
306	306	40 (3) Submit to a health inspection required under section 16 of
307	307	41 this chapter.
308	308	42 Sec. 15. (a) A licensee shall comply with IC 16-42-5.
309	309	2024 IN 1288—LS 6798/DI 147 8
310	310	1 (b) At least one (1) individual working in a mobile food unit
311	311	2 must be a certified food protection manager (as defined in
312	312	3 IC 16-42-5.2-4).
313	313	4 Sec. 16. (a) Upon request of a local authority, the state
314	314	5 department may enter into a collaborative agreement with the
315	315	6 local authority to allow the local authority to conduct mobile food
316	316	7 unit health inspections required under this chapter.
317	317	8 (b) The state department or a local authority acting under a
318	318	9 collaborative agreement shall inspect a mobile food unit in the
319	319	10 following manner:
320	320	11 (1) For a mobile food unit classified as Type I, the state
321	321	12 department or local authority shall inspect the mobile food
322	322	13 unit when the state department or local authority receives a
323	323	14 public health or safety complaint concerning the mobile food
324	324	15 unit. If an inspection under this subdivision reveals a violation
325	325	16 of law, the mobile food unit is subject to health inspections as
326	326	17 described in subdivision (2) until the licensee of the mobile
327	327	18 food unit receives a certificate of excellence.
328	328	19 (2) For a mobile food unit classified as Type II, the state
329	329	20 department or local authority shall inspect the mobile food
330	330	21 unit at least one (1) time each calendar year. If the licensee of
331	331	22 a mobile food unit under this subdivision receives a certificate
332	332	23 of excellence, the licensee is subject to health inspections as
333	333	24 described in subdivision (1) while the licensee maintains the
334	334	25 certificate of excellence. However, if the licensee subsequently
335	335	26 receives a grade that is not an "A" grade, the licensee's
336	336	27 mobile food unit must be inspected one (1) time each calendar
337	337	28 year.
338	338	29 (3) For a mobile food unit classified as Type III, the state
339	339	30 department or local authority shall inspect the mobile food
340	340	31 unit two (2) times each calendar year. If the licensee of a
341	341	32 mobile food unit under this subdivision receives a certificate
342	342	33 of excellence, the licensee is subject to health inspections as
343	343	34 described in subdivision (2) while the licensee maintains the
344	344	35 certificate of excellence. However, if the licensee subsequently
345	345	36 receives a grade that is not an "A" grade, the licensee's
346	346	37 mobile food unit must be inspected two (2) times each
347	347	38 calendar year.
348	348	39 (c) The state department or a local authority shall conduct an
349	349	40 inspection under this section:
350	350	41 (1) in accordance with the inspection criteria developed by the
351	351	42 state department under section 8 of this chapter; and
352	352	2024 IN 1288—LS 6798/DI 147 9
353	353	1 (2) on a random basis, subject to the frequency set forth in
354	354	2 subsection (b).
355	355	3 (d) A licensee shall provide the state department with a list of
356	356	4 the locations in which the licensee operates the mobile food unit.
357	357	5 (e) A licensee may request that the state department or local
358	358	6 authority obtain an administrative order for inspection before the
359	359	7 state department or local authority conducts an inspection under
360	360	8 this chapter.
361	361	9 Sec. 17. (a) After completing an inspection under this chapter,
362	362	10 the state department or a local authority shall issue an inspection
363	363	11 certificate that displays the licensee's "A" through "F" grade.
364	364	12 (b) A local authority that conducts an inspection under this
365	365	13 chapter shall submit the inspection report to the state department.
366	366	14 (c) After conducting a health inspection or receiving a report
367	367	15 from a local authority, the state department shall record each
368	368	16 licensee's grade in the statewide mobile food unit data base
369	369	17 developed under section 8 of this chapter.
370	370	18 (d) The state department shall issue a certificate of excellence to
371	371	19 a licensee who receives two (2) consecutive "A" grades.
372	372	20 Sec. 18. (a) The state department shall reimburse a local
373	373	21 authority for the cost of conducting a health inspection performed
374	374	22 by the local authority under a collaborative agreement. The state
375	375	23 department shall use money from the fund to reimburse the local
376	376	24 authority under this subsection.
377	377	25 (b) A licensee shall pay the inspection fee established by the
378	378	26 state department at the time the licensee renews the licensee's
379	379	27 license.
380	380	28 (c) Not later than thirty (30) days after receiving a request, the
381	381	29 state department shall reimburse a licensee for the amount paid
382	382	30 under subsection (b) if an inspection was not conducted before the
383	383	31 expiration of the licensee's license.
384	384	32 Sec. 19. (a) The state department or a local authority may
385	385	33 investigate complaints concerning mobile food units.
386	386	34 (b) A local authority shall report to the state department a
387	387	35 suspected violation of this chapter and recommend that the state
388	388	36 department suspend or revoke a statewide mobile food unit license.
389	389	37 (c) The state department or a local authority shall enter a
390	390	38 complaint concerning a mobile food unit into the statewide mobile
391	391	39 food unit data base developed by the state department under
392	392	40 section 8 of this chapter.
393	393	41 (d) A licensee shall cooperate with the state department or a
394	394	42 local authority during an investigation under this section.
395	395	2024 IN 1288—LS 6798/DI 147 10
396	396	1 Sec. 20. (a) Except as provided in subsections (b) and (c), the
397	397	2 state department may only deny, suspend, or revoke a statewide
398	398	3 mobile food unit license for the following reasons:
399	399	4 (1) Failure to cooperate with the state department or a local
400	400	5 authority in an investigation under section 19 of this chapter.
401	401	6 (2) Fraud, misrepresentation, or knowingly providing a false
402	402	7 statement on an application for a license.
403	403	8 (3) Fraud, misrepresentation, or knowingly providing a false
404	404	9 statement in connection with selling food.
405	405	10 (4) The state department has determined that a licensee has
406	406	11 committed at least three (3) violations of this chapter during
407	407	12 a twelve (12) month period.
408	408	13 (5) A licensee receives an "F" grade as a result of an
409	409	14 inspection conducted in response to a public health or safety
410	410	15 complaint under this chapter.
411	411	16 (6) Any other facts or circumstances that justify denying an
412	412	17 application for a license, as determined by the state
413	413	18 department.
414	414	19 (b) The state department may suspend the statewide mobile food
415	415	20 unit license of a licensee who receives an "F" grade until the
416	416	21 licensee receives an "A" through "C" grade based on a subsequent
417	417	22 health inspection.
418	418	23 (c) The state department may immediately revoke or suspend a
419	419	24 licensee's statewide mobile food unit license where the licensee's
420	420	25 actions constitute an immediate danger to the public health, safety,
421	421	26 or welfare.
422	422	27 (d) An action of the state department under this section is
423	423	28 subject to review under IC 4-21.5.
424	424	29 (e) A person whose statewide mobile food unit license has been
425	425	30 suspended or revoked may not operate a mobile food unit.
426	426	31 (f) The state department may impose a civil penalty on a person
427	427	32 who operates a mobile food unit in violation of subsection (e).
428	428	33 Sec. 21. (a) A local authority may regulate the operation of a
429	429	34 mobile food unit in accordance with this chapter.
430	430	35 (b) A local authority may do the following concerning the
431	431	36 operation of a mobile food unit:
432	432	37 (1) Restrict a licensee from operating a noisemaking device
433	433	38 that exceeds seventy-five (75) decibels and is twenty-three (23)
434	434	39 feet from the device during specific times of the day.
435	435	40 (2) Prohibit a licensee from restricting or blocking ingress or
436	436	41 egress from private property.
437	437	42 (3) Develop and charge a fee for a mobile food unit metered
438	438	2024 IN 1288—LS 6798/DI 147 11
439	439	1 parking pass allowing a licensee to operate a mobile food unit
440	440	2 from a metered parking space for longer than is otherwise
441	441	3 permitted.
442	442	4 (4) Investigate a report of food borne illness.
443	443	5 (5) Issue a citation or penalty to a licensee for a violation of
444	444	6 local law that is consistent with this chapter.
445	445	7 (c) A local authority may not do the following concerning the
446	446	8 operation of a mobile food unit:
447	447	9 (1) Prohibit or restrict a licensee from operating a mobile food
448	448	10 unit in a lawful manner under this chapter.
449	449	11 (2) Address or limit the operating hours of a licensee.
450	450	12 (3) Require a licensee to obtain a special permit from the local
451	451	13 authority or a permit to operate as a commercial vehicle.
452	452	14 (4) Require a licensee to pay an additional fee to operate on
453	453	15 private property.
454	454	16 (5) Require a private property owner to submit a zoning plan
455	455	17 to the local authority as a condition of permitting the licensee
456	456	18 to operate a mobile food unit on the owner's private property.
457	457	19 (6) Require a licensee's employee to obtain a license or permit
458	458	20 or submit to a background check.
459	459	21 (7) Require the mobile food unit to undergo a fire inspection
460	460	22 if the mobile food unit has passed a state or local fire
461	461	23 inspection in the last twelve (12) months.
462	462	24 (8) Restrict the duration in which a licensee may operate a
463	463	25 mobile food unit on private property in a zoning district
464	464	26 where a food establishment operates.
465	465	27 (9) Require a licensee to operate a mobile food unit a specific
466	466	28 distance from another food establishment.
467	467	29 (10) Require a licensee to enter into an agreement with a food
468	468	30 establishment.
469	469	31 (11) Regulate a mobile food unit's equipment requirements.
470	470	32 (12) Reduce a licensee's propane capacity below the propane
471	471	33 capacity permitted under state law for a commercial vehicle.
472	472	34 (13) Require the licensee to associate with a commissary
473	473	35 kitchen.
474	474	36 (14) Require an applicant for a statewide mobile food license
475	475	37 or a licensee to be fingerprinted.
476	476	38 (15) Require a licensee to install a GPS tracking device in the
477	477	39 mobile food unit.
478	478	40 (16) Except when providing food to a customer, require the
479	479	41 licensee to continuously drive the mobile food unit.
480	480	42 (17) Except when required to participate in an event
481	481	2024 IN 1288—LS 6798/DI 147 12
482	482	1 sponsored by a local authority, require a licensee to name a
483	483	2 local authority as:
484	484	3 (A) an additional insured on the licensee's insurance; or
485	485	4 (B) a beneficiary.
486	486	5 (18) Except for a food borne illness investigation or an
487	487	6 inspection required under this chapter, require the licensee to
488	488	7 submit to a health inspection.
489	489	8 Sec. 22. (a) Except as provided in subsection (b), the state
490	490	9 department may adopt rules under IC 4-22-2 to implement this
491	491	10 chapter.
492	492	11 (b) The state department may not adopt a rule under IC 4-22-2
493	493	12 that does the following:
494	494	13 (1) Requires a licensee to operate a mobile food unit a specific
495	495	14 distance from another food establishment.
496	496	15 (2) Requires a licensee's employee to obtain a license or
497	497	16 permit or submit to a background check.
498	498	17 (3) Requires a licensee to enter into an agreement with a food
499	499	18 establishment.
500	500	19 (4) Addresses or limits the operating hours of a licensee.
501	501	20 (5) Requires a licensee who only provides or sells prepackaged
502	502	21 food from a mobile food unit to have a handwashing sink in
503	503	22 the mobile food unit.
504	504	23 (6) Requires the licensee to associate with a commissary
505	505	24 kitchen if the mobile food unit contains equipment necessary
506	506	25 to comply with IC 16-42-5.
507	507	26 (7) Reduces a licensee's propane capacity below the propane
508	508	27 capacity permitted under state law for a commercial vehicle.
509	509	28 (8) Limits the number of statewide mobile food licenses that
510	510	29 may be issued to a person.
511	511	30 (9) Requires an applicant for a statewide mobile food license
512	512	31 or a licensee to be fingerprinted.
513	513	32 (10) Requires a licensee to install a GPS tracking device in the
514	514	33 mobile food unit.
515	515	34 (11) Except when providing food to a customer, requires the
516	516	35 licensee to continuously drive the mobile food unit.
517	517	36 (12) Except when required to participate in an event
518	518	37 sponsored by a local authority, requires a licensee to name a
519	519	38 local authority as:
520	520	39 (A) an additional insured on the licensee's insurance; or
521	521	40 (B) a beneficiary.
522	522	41 (13) Requires the mobile food unit to undergo a fire inspection
523	523	42 if the mobile food unit has passed a state or local fire
524	524	2024 IN 1288—LS 6798/DI 147 13
525	525	1 inspection in the last twelve (12) months.
526	526	2 (14) Except for a food borne illness investigation or an
527	527	3 inspection required under this chapter, requires the licensee
528	528	4 to submit to a health inspection.
529	529	2024 IN 1288—LS 6798/DI 147