Introduced Version
HOUSE BILL No. 1577
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-42.
Synopsis: Mobile retail food establishment licenses. Requires the
Indiana department of health (state department) to establish: (1) a
statewide mobile retail food establishment license (license); (2)
standards for the licensure and inspection of a mobile retail food
establishment by a local health department; and (3) standards for the
operation of a mobile retail food establishment. Requires the state
department to establish license fees and inspection fees. Beginning July
1, 2026, requires a local health department to: (1) receive applications
for licenses; (2) collect annual license and inspection fees; (3) issue
licenses; and (4) conduct semiannual inspections of a mobile retail
food establishment that is issued a license. Provides that an owner or
operator of a mobile retail food establishment issued a license is not
required to obtain a county or local license or permit, nor required to
pay a county or local inspection fee or a license or permit fee. Provides
that beginning January 1, 2026, a person may not operate a mobile
retail food establishment in Indiana unless the person obtains a license.
Requires the state department to adopt rules to implement these
provisions.
Effective: July 1, 2025.
King, Shackleford
January 21, 2025, read first time and referred to Committee on Public Health.
2025 IN 1577—LS 7111/DI 150 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1577
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.151-2024,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 211. (a) "Local health department", except as
4 provided in subsections (b) and (c), means a department organized by
5 a county or city executive with a board, a health officer, and an
6 operational staff to provide health services to a county, city, or multiple
7 county unit.
8 (b) "Local health department", for purposes of IC 16-41-7.5, has the
9 meaning set forth in IC 16-41-7.5-1.
10 (c) "Local health department", for purposes of IC 16-42-5.1,
11 IC 16-42-28, has the meaning set forth in IC 16-42-5.1-1.
12 IC 16-42-28-1.
13 SECTION 2. IC 16-18-2-239.3, AS ADDED BY P.L.151-2024,
14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 239.3. "Mobile retail food establishment", for
16 purposes of IC 16-42-5.1, IC 16-42-28, has the meaning set forth in
17 IC 16-42-5.1-2. IC 16-42-28-2.
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1 SECTION 3. IC 16-18-2-239.4, AS ADDED BY P.L.151-2024,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 239.4. "Mobile retail food establishment permit",
4 license", for purposes of IC 16-42-5.1, IC 16-42-28, has the meaning
5 set forth in IC 16-42-5.1-3. IC 16-42-28-3.
6 SECTION 4. IC 16-42-5.1 IS REPEALED [EFFECTIVE JULY 1,
7 2025]. (Mobile Retail Food Establishments).
8 SECTION 5. IC 16-42-28 IS ADDED TO THE INDIANA CODE
9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]:
11 Chapter 28. Statewide Mobile Retail Food Establishment
12 License
13 Sec. 1. As used in this chapter, "local health department" refers
14 to:
15 (1) a local health department established under IC 16-20; or
16 (2) the health and hospital corporation created under
17 IC 16-22-8.
18 Sec. 2. (a) As used in this chapter, "mobile retail food
19 establishment" means a retail food establishment that is readily
20 moveable.
21 (b) The term includes a retail food establishment that:
22 (1) has wheels;
23 (2) is on skids;
24 (3) is mounted on a vehicle; or
25 (4) is a marine vessel.
26 Sec. 3. As used in this chapter, "mobile retail food establishment
27 license" refers to a license established by the state department and
28 issued by a local health department for the operation of a mobile
29 retail food establishment.
30 Sec. 4. (a) The state department shall do the following:
31 (1) Establish a statewide mobile retail food establishment
32 license to be issued by a local health department to the owner
33 or operator of a mobile retail food establishment that meets
34 the licensing standards established by the state department.
35 (2) Establish standards for licensure and inspection of a
36 mobile retail food establishment by a local health department.
37 (3) Establish standards for the operation of a mobile retail
38 food establishment.
39 (4) Establish a statewide mobile retail food establishment data
40 base.
41 (b) In establishing the standards under subsection (a), the state
42 department shall do the following:
2025 IN 1577—LS 7111/DI 150 3
1 (1) Consider the technical components of a mobile retail food
2 establishment related to the safe and sanitary preparation and
3 handling of food.
4 (2) Provide for uniform interpretation and application of the
5 standards throughout Indiana.
6 (3) Require at least a semiannual inspection of a mobile retail
7 food establishment to ensure compliance with the standards.
8 Sec. 5. The state department shall:
9 (1) prescribe a form for use by an owner or operator to apply
10 for a statewide mobile retail food establishment license to
11 operate the mobile retail food establishment;
12 (2) establish an annual license fee:
13 (A) to be paid with each application for the issuance or
14 renewal of a statewide mobile retail food establishment
15 license; and
16 (B) at an amount that is reasonable in relation to the
17 expense incurred by local health departments in
18 implementing this chapter; and
19 (3) establish an inspection fee:
20 (A) to be paid for each inspection of a mobile retail food
21 establishment; and
22 (B) at an amount that is reasonable in relation to the
23 expense incurred by local health departments in
24 conducting each inspection.
25 Sec. 6. A statewide mobile retail food establishment license
26 issued under this chapter:
27 (1) is in effect for one (1) year;
28 (2) may be renewed annually by an owner or operator of a
29 mobile retail food establishment that continues to meet the
30 licensing standards of this chapter; and
31 (3) authorizes an owner or operator to use a mobile retail food
32 establishment for which the license is issued to provide food
33 ready for immediate consumption to the public in any county
34 in Indiana.
35 Sec. 7. An owner or operator of a mobile retail food
36 establishment issued a statewide mobile retail food establishment
37 license is not:
38 (1) required to obtain a county or local license or permit; or
39 (2) required to pay a county or local:
40 (A) inspection fee; or
41 (B) license or permit fee.
42 Sec. 8. (a) Beginning January 1, 2026, a local health department
2025 IN 1577—LS 7111/DI 150 4
1 shall:
2 (1) receive applications for statewide mobile retail food
3 establishment licenses;
4 (2) collect annual license fees and inspection fees;
5 (3) issue statewide mobile retail food establishment licenses;
6 and
7 (4) conduct at least semiannual inspections of a mobile retail
8 food establishment that is issued a statewide mobile retail
9 food establishment license.
10 (b) Beginning July 1, 2026, a person may not operate a mobile
11 retail food establishment in Indiana unless the person obtains a
12 mobile retail food establishment license.
13 Sec. 9. Not later than January 1, 2026, the state department
14 shall adopt rules under IC 4-22-2 to implement this chapter.
2025 IN 1577—LS 7111/DI 150