IN
Indiana House Bill HB1577

Indiana 2025 Regular Session

Indiana House Bill HB1577 Compare Versions

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1-*EH1577.2*
2-March 28, 2025
1+*EH1577.1*
2+March 14, 2025
33 ENGROSSED
44 HOUSE BILL No. 1577
55 _____
6-DIGEST OF HB 1577 (Updated March 27, 2025 10:53 am - DI 120)
6+DIGEST OF HB 1577 (Updated March 12, 2025 9:34 am - DI 140)
77 Citations Affected: IC 16-18; IC 16-42; noncode.
88 Synopsis: Mobile retail food establishment licenses. Requires the
99 Indiana department of health (state department) to establish: (1) a
1010 statewide mobile retail food establishment license (license); (2)
1111 standards for the licensure, inspection, and operation of a mobile retail
1212 food establishment; (3) license fees and inspection fees; and (4) a
1313 statewide mobile retail food establishment data base. Requires the state
14+department to establish a workgroup to collaborate with in
15+implementing specified provisions. Beginning January 1, 2027,
1416 (Continued next page)
1517 Effective: July 1, 2025; January 1, 2027.
1618 King, Olthoff, Shackleford, O'Brien
17-(SENATE SPONSORS — JOHNSON T, BOHACEK, YODER, JACKSON L)
19+(SENATE SPONSORS — JOHNSON T, JACKSON L)
1820 January 21, 2025, read first time and referred to Committee on Public Health.
1921 January 28, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
2022 Means pursuant to Rule 126.3.
2123 February 13, 2025, reported — Do Pass.
2224 February 17, 2025, read second time, ordered engrossed. Engrossed.
2325 February 18, 2025, read third time, passed. Yeas 94, nays 2.
2426 SENATE ACTION
2527 March 3, 2025, read first time and referred to Committee on Health and Provider Services.
2628 March 13, 2025, reported favorably — Do Pass; reassigned to Committee on
2729 Appropriations.
28-March 27, 2025, amended, reported favorably — Do Pass.
2930 EH 1577—LS 7111/DI 150 Digest Continued
30-department to establish a workgroup to collaborate with in
31-implementing specified provisions. Beginning January 1, 2027,
3231 requires a local health department to: (1) receive applications for
3332 licenses; (2) collect annual license and inspection fees; (3) issue
3433 licenses; and (4) conduct semiannual inspections of a mobile retail
3534 food establishment that is issued a license. Provides that an owner or
3635 operator of a mobile retail food establishment issued a license is not
3736 required to obtain a county or local license or permit, nor required to
3837 pay a county or local inspection fee or a license or permit fee. Provides
3938 that beginning January 1, 2027, a person may not operate a mobile
4039 retail food establishment in Indiana unless the person obtains a license.
4140 Requires the state department to adopt rules to implement these
4241 provisions. Repeals provisions of law governing mobile retail food
4342 establishment permits effective January 1, 2027.
44-EH 1577—LS 7111/DI 150EH 1577—LS 7111/DI 150 March 28, 2025
43+EH 1577—LS 7111/DI 150EH 1577—LS 7111/DI 150 March 14, 2025
4544 First Regular Session of the 124th General Assembly (2025)
4645 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4746 Constitution) is being amended, the text of the existing provision will appear in this style type,
4847 additions will appear in this style type, and deletions will appear in this style type.
4948 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5049 provision adopted), the text of the new provision will appear in this style type. Also, the
5150 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5251 a new provision to the Indiana Code or the Indiana Constitution.
5352 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5453 between statutes enacted by the 2024 Regular Session of the General Assembly.
5554 ENGROSSED
5655 HOUSE BILL No. 1577
5756 A BILL FOR AN ACT to amend the Indiana Code concerning
5857 health.
5958 Be it enacted by the General Assembly of the State of Indiana:
6059 1 SECTION 1. IC 16-18-2-211, AS AMENDED BY P.L.151-2024,
6160 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6261 3 JULY 1, 2025]: Sec. 211. (a) "Local health department", except as
6362 4 provided in subsections (b), and (c), and (d), means a department
6463 5 organized by a county or city executive with a board, a health officer,
6564 6 and an operational staff to provide health services to a county, city, or
6665 7 multiple county unit.
6766 8 (b) "Local health department", for purposes of IC 16-41-7.5, has the
6867 9 meaning set forth in IC 16-41-7.5-1.
6968 10 (c) "Local health department", for purposes of IC 16-42-5.1, has the
7069 11 meaning set forth in IC 16-42-5.1-1. This subsection expires January
7170 12 1, 2027.
7271 13 (d) "Local health department", for purposes of IC 16-42-28, has
7372 14 the meaning set forth in IC 16-42-28-1.
7473 15 SECTION 2. IC 16-18-2-239.3, AS ADDED BY P.L.151-2024,
7574 16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7675 17 JULY 1, 2025]: Sec. 239.3. (a) "Mobile retail food establishment", for
7776 EH 1577—LS 7111/DI 150 2
7877 1 purposes of IC 16-42-5.1, has the meaning set forth in IC 16-42-5.1-2.
7978 2 This subsection expires January 1, 2027.
8079 3 (b) "Mobile retail food establishment", for purposes of
8180 4 IC 16-42-28, has the meaning set forth in IC 16-42-28-2.
8281 5 SECTION 3. IC 16-18-2-239.4 IS REPEALED [EFFECTIVE
8382 6 JANUARY 1, 2027]. Sec. 239.4. "Mobile retail food establishment
8483 7 permit", for purposes of IC 16-42-5.1, has the meaning set forth in
8584 8 IC 16-42-5.1-3.
8685 9 SECTION 4. IC 16-18-2-239.5 IS ADDED TO THE INDIANA
8786 10 CODE AS A NEW SECTION TO READ AS FOLLOWS
8887 11 [EFFECTIVE JULY 1, 2025]: Sec. 239.5. "Mobile retail food
8988 12 establishment license", for purposes of IC 16-42-28, has the
9089 13 meaning set forth in IC 16-42-28-3.
9190 14 SECTION 5. IC 16-42-5.1 IS REPEALED [EFFECTIVE
9291 15 JANUARY 1, 2027]. (Mobile Retail Food Establishments).
9392 16 SECTION 6. IC 16-42-28 IS ADDED TO THE INDIANA CODE
9493 17 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
9594 18 JULY 1, 2025]:
9695 19 Chapter 28. Statewide Mobile Retail Food Establishment
9796 20 License
9897 21 Sec. 1. As used in this chapter, "local health department" refers
9998 22 to:
10099 23 (1) a local health department established under IC 16-20; or
101100 24 (2) the health and hospital corporation created under
102101 25 IC 16-22-8.
103102 26 Sec. 2. (a) As used in this chapter, "mobile retail food
104103 27 establishment" means a retail food establishment that is readily
105104 28 moveable.
106105 29 (b) The term includes a retail food establishment that:
107106 30 (1) has wheels;
108107 31 (2) is on skids;
109108 32 (3) is mounted on a vehicle; or
110109 33 (4) is a marine vessel.
111110 34 (c) The term does not include a vehicle used solely to transport
112111 35 food.
113112 36 Sec. 3. As used in this chapter, "mobile retail food establishment
114113 37 license" refers to a license established by the state department and
115114 38 issued by a local health department for the operation of a mobile
116115 39 retail food establishment.
117116 40 Sec. 4. (a) The state department shall, in collaboration with the
118117 41 workgroup established under section 10 of this chapter, do the
119118 42 following:
120119 EH 1577—LS 7111/DI 150 3
121120 1 (1) Establish a statewide mobile retail food establishment
122121 2 license to be issued by a local health department to the owner
123122 3 or operator of a mobile retail food establishment that meets
124123 4 the licensing standards established by the state department.
125124 5 (2) Establish standards for licensure and inspection of a
126125 6 mobile retail food establishment by a local health department,
127126 7 including standards for a necessary inspection following a
128127 8 violation or failed inspection.
129128 9 (3) Establish standards for the operation of a mobile retail
130129 10 food establishment.
131130 11 (4) Establish a statewide mobile retail food establishment data
132131 12 base.
133132 13 (b) In establishing the standards under subsection (a), the state
134133 14 department shall do the following:
135134 15 (1) Consider the technical components of a mobile retail food
136135 16 establishment related to the safe and sanitary preparation and
137136 17 handling of food.
138137 18 (2) Provide for uniform interpretation and application of the
139138 19 standards throughout Indiana.
140139 20 (3) Require at least a semiannual inspection of a mobile retail
141140 21 food establishment to ensure compliance with the standards.
142-22 Sec. 5. (a) In collaboration with the workgroup established
143-23 under section 10 of this chapter, the state department shall:
141+22 Sec. 5. In collaboration with the workgroup established under
142+23 section 10 of this chapter, the state department shall:
144143 24 (1) establish an online portal and application for an owner or
145144 25 operator to apply for and receive a mobile retail food
146-26 establishment license; and
147-27 (2) subject to subsection (b), establish a combined fee for an
148-28 annual license and an inspection to be paid for:
149-29 (A) the issuance or renewal of a statewide mobile retail
150-30 food establishment license; and
151-31 (B) any inspection of a mobile retail food establishment
152-32 during the period when the license is in effect.
153-33 (b) Beginning January 1, 2027, a local health department may
154-34 charge one (1) combined fee under subsection (a)(2) for an annual
155-35 license and inspection in an amount equal to four hundred fifty
156-36 dollars ($450). Of the combined fee collected by a local health
157-37 department for each annual license and inspection, the following
158-38 conditions apply:
159-39 (1) The local health department shall retain ($200) of each
160-40 combined fee, which must be used for costs incurred in
161-41 conducting local inspections.
162-42 (2) The local health department shall distribute the remaining
145+26 establishment license;
146+27 (2) establish an annual license fee:
147+28 (A) to be paid with each application for the issuance or
148+29 renewal of a statewide mobile retail food establishment
149+30 license; and
150+31 (B) at an amount that is reasonable in relation to the
151+32 expense incurred by local health departments in
152+33 implementing this chapter; and
153+34 (3) establish an inspection fee:
154+35 (A) to be paid for each inspection of a mobile retail food
155+36 establishment; and
156+37 (B) at an amount that is reasonable in relation to the
157+38 expense incurred by local health departments in
158+39 conducting each inspection.
159+40 Sec. 6. A statewide mobile retail food establishment license
160+41 issued under this chapter:
161+42 (1) is in effect for one (1) year;
163162 EH 1577—LS 7111/DI 150 4
164-1 two hundred fifty dollars ($250) of each combined fee, on a
165-2 monthly basis, to the state department, which must be used
166-3 for costs incurred in establishing and maintaining the
167-4 statewide mobile retail food establishment data base.
168-5 Sec. 6. A statewide mobile retail food establishment license
169-6 issued under this chapter:
170-7 (1) is in effect for one (1) year;
171-8 (2) may be renewed annually by an owner or operator of a
172-9 mobile retail food establishment that continues to meet the
173-10 licensing standards of this chapter; and
174-11 (3) authorizes an owner or operator to use a mobile retail food
175-12 establishment for which the license is issued to provide food
176-13 ready for immediate consumption to the public in any county
177-14 in Indiana.
178-15 Sec. 7. An owner or operator of a mobile retail food
179-16 establishment issued a statewide mobile retail food establishment
180-17 license is not:
181-18 (1) required to obtain a county or local license or permit; or
182-19 (2) required to pay a county or local:
183-20 (A) inspection fee; or
184-21 (B) license or permit fee.
185-22 Sec. 8. (a) Beginning January 1, 2027, a local health department
186-23 shall:
187-24 (1) receive applications for statewide mobile retail food
188-25 establishment licenses;
189-26 (2) collect annual license fees and inspection fees and
190-27 distribute those fees in accordance with section 5(b) of this
191-28 chapter;
192-29 (3) issue statewide mobile retail food establishment licenses;
193-30 and
194-31 (4) conduct at least semiannual inspections of a mobile retail
195-32 food establishment that is issued a statewide mobile retail
196-33 food establishment license.
197-34 (b) Beginning January 1, 2027, a person may not operate a
198-35 mobile retail food establishment in Indiana unless the person
199-36 obtains a mobile retail food establishment license.
200-37 Sec. 9. Not later than January 1, 2027, the state department
201-38 shall adopt rules under IC 4-22-2 to implement this chapter.
202-39 Sec. 10. (a) The state department shall establish a workgroup to
203-40 collaborate with in implementing sections 4(a) and 5 of this
204-41 chapter.
205-42 (b) The state department shall designate at least one (1)
163+1 (2) may be renewed annually by an owner or operator of a
164+2 mobile retail food establishment that continues to meet the
165+3 licensing standards of this chapter; and
166+4 (3) authorizes an owner or operator to use a mobile retail food
167+5 establishment for which the license is issued to provide food
168+6 ready for immediate consumption to the public in any county
169+7 in Indiana.
170+8 Sec. 7. An owner or operator of a mobile retail food
171+9 establishment issued a statewide mobile retail food establishment
172+10 license is not:
173+11 (1) required to obtain a county or local license or permit; or
174+12 (2) required to pay a county or local:
175+13 (A) inspection fee; or
176+14 (B) license or permit fee.
177+15 Sec. 8. (a) Beginning January 1, 2027, a local health department
178+16 shall:
179+17 (1) receive applications for statewide mobile retail food
180+18 establishment licenses;
181+19 (2) collect annual license fees and inspection fees;
182+20 (3) issue statewide mobile retail food establishment licenses;
183+21 and
184+22 (4) conduct at least semiannual inspections of a mobile retail
185+23 food establishment that is issued a statewide mobile retail
186+24 food establishment license.
187+25 (b) Beginning January 1, 2027, a person may not operate a
188+26 mobile retail food establishment in Indiana unless the person
189+27 obtains a mobile retail food establishment license.
190+28 Sec. 9. Not later than January 1, 2027, the state department
191+29 shall adopt rules under IC 4-22-2 to implement this chapter.
192+30 Sec. 10. (a) The state department shall establish a workgroup to
193+31 collaborate with in implementing section 4(a) and section 5 of this
194+32 chapter.
195+33 (b) The state department shall designate at least one (1)
196+34 representative of a local health department from each Indiana
197+35 congressional district as a member of the workgroup established
198+36 under subsection (a).
199+37 SECTION 7. [EFFECTIVE JULY 1, 2025] (a) The definitions in
200+38 IC 16-42-28, as added by this act, apply to this SECTION.
201+39 (b) Notwithstanding IC 16-42-28-8, as added by this act, a local
202+40 health department may:
203+41 (1) receive applications for mobile retail food establishment
204+42 licenses; and
206205 EH 1577—LS 7111/DI 150 5
207-1 representative of a local health department from each Indiana
208-2 congressional district as a member of the workgroup established
209-3 under subsection (a).
210-4 SECTION 7. [EFFECTIVE JULY 1, 2025] (a) The definitions in
211-5 IC 16-42-28, as added by this act, apply to this SECTION.
212-6 (b) Notwithstanding IC 16-42-28-8, as added by this act, a local
213-7 health department may:
214-8 (1) receive applications for mobile retail food establishment
215-9 licenses; and
216-10 (2) collect annual license fees;
217-11 before January 1, 2027. However, a local health department may
218-12 not issue a mobile retail food establishment license before January
219-13 1, 2027.
220-14 (c) This SECTION expires July 1, 2027.
206+1 (2) collect annual license fees;
207+2 before January 1, 2027. However, a local health department may
208+3 not issue a mobile retail food establishment license before January
209+4 1, 2027.
210+5 (c) This SECTION expires July 1, 2027.
221211 EH 1577—LS 7111/DI 150 6
222212 COMMITTEE REPORT
223213 Mr. Speaker: Your Committee on Public Health, to which was
224214 referred House Bill 1577, has had the same under consideration and
225215 begs leave to report the same back to the House with the
226216 recommendation that said bill be amended as follows:
227217 Replace the effective date in SECTION 4 with "[EFFECTIVE
228218 JANUARY 1, 2027]".
229219 Page 1, delete lines 1 through 17, begin a new paragraph and insert:
230220 "SECTION 1. IC 16-18-2-211, AS AMENDED BY P.L.151-2024,
231221 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
232222 JULY 1, 2025]: Sec. 211. (a) "Local health department", except as
233223 provided in subsections (b), and (c), and (d), means a department
234224 organized by a county or city executive with a board, a health officer,
235225 and an operational staff to provide health services to a county, city, or
236226 multiple county unit.
237227 (b) "Local health department", for purposes of IC 16-41-7.5, has the
238228 meaning set forth in IC 16-41-7.5-1.
239229 (c) "Local health department", for purposes of IC 16-42-5.1, has the
240230 meaning set forth in IC 16-42-5.1-1. This subsection expires January
241231 1, 2027.
242232 (d) "Local health department", for purposes of IC 16-42-28, has
243233 the meaning set forth in IC 16-42-28-1.
244234 SECTION 2. IC 16-18-2-239.3, AS ADDED BY P.L.151-2024,
245235 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246236 JULY 1, 2025]: Sec. 239.3. (a) "Mobile retail food establishment", for
247237 purposes of IC 16-42-5.1, has the meaning set forth in IC 16-42-5.1-2.
248238 This subsection expires January 1, 2027.
249239 (b) "Mobile retail food establishment", for purposes of
250240 IC 16-42-28, has the meaning set forth in IC 16-42-28-2.".
251241 Page 2, delete lines 1 through 5, begin a new paragraph and insert:
252242 "SECTION 3. IC 16-18-2-239.4 IS REPEALED [EFFECTIVE
253243 JANUARY 1, 2027]. Sec. 239.4. "Mobile retail food establishment
254244 permit", for purposes of IC 16-42-5.1, has the meaning set forth in
255245 IC 16-42-5.1-3.
256246 SECTION 4. IC 16-18-2-239.5 IS ADDED TO THE INDIANA
257247 CODE AS A NEW SECTION TO READ AS FOLLOWS
258248 [EFFECTIVE JULY 1, 2025]: Sec. 239.5. "Mobile retail food
259249 establishment license", for purposes of IC 16-42-28, has the
260250 meaning set forth in IC 16-42-28-3.".
261251 Page 2, between lines 25 and 26, begin a new paragraph and insert:
262252 "(c) The term does not include a vehicle used solely to transport
263253 EH 1577—LS 7111/DI 150 7
264254 food.".
265255 Page 2, line 30, delete "shall" and insert "shall, in collaboration
266256 with the workgroup established under section 10 of this chapter,".
267257 Page 2, line 36, delete "department." and insert "department,
268258 including standards for a necessary inspection following a violation
269259 or failed inspection.".
270260 Page 3, line 8, delete "The" and insert "In collaboration with the
271261 workgroup established under section 10 of this chapter, the".
272262 Page 3, line 9, delete "prescribe a form for use by an owner or
273263 operator to apply" and insert "establish an online portal and
274264 application for an owner or operator to apply for and receive a
275265 mobile retail food establishment license;".
276266 Page 3, delete lines 10 through 11.
277267 Page 3, line 42, delete "2026," and insert "2027,".
278268 Page 4, line 10, delete "July 1, 2026," and insert "January 1,
279269 2027,".
280270 Page 4, line 13, delete "2026," and insert "2027,".
281271 Page 4, after line 14, begin a new paragraph and insert:
282272 "Sec. 10. (a) The state department shall establish a workgroup
283273 to collaborate with in implementing section 4(a) and section 5 of
284274 this chapter.
285275 (b) The state department shall designate at least one (1)
286276 representative of a local health department from each Indiana
287277 congressional district as a member of the workgroup established
288278 under subsection (a).
289279 SECTION 6. [EFFECTIVE JULY 1, 2025] (a) The definitions in
290280 IC 16-42-28, as added by this act, apply to this SECTION.
291281 (b) Notwithstanding IC 16-42-28-8, as added by this act, a local
292282 health department may:
293283 (1) receive applications for mobile retail food establishment
294284 licenses; and
295285 (2) collect annual license fees;
296286 before January 1, 2027. However, a local health department may
297287 not issue a mobile retail food establishment license before January
298288 1, 2027.
299289 (c) This SECTION expires July 1, 2027.".
300290 Renumber all SECTIONS consecutively.
301291 and when so amended that said bill do pass.
302292 (Reference is to HB 1577 as introduced.)
303293 EH 1577—LS 7111/DI 150 8
304294 BARRETT
305295 Committee Vote: yeas 13, nays 0.
306296 _____
307297 COMMITTEE REPORT
308298 Mr. Speaker: Your Committee on Ways and Means, to which was
309299 referred House Bill 1577, has had the same under consideration and
310300 begs leave to report the same back to the House with the
311301 recommendation that said bill do pass.
312302 (Reference is to HB 1577 as printed January 28, 2025.)
313303 THOMPSON
314304 Committee Vote: Yeas 14, Nays 4
315305 _____
316306 COMMITTEE REPORT
317307 Mr. President: The Senate Committee on Health and Provider
318308 Services, to which was referred House Bill No. 1577, has had the same
319309 under consideration and begs leave to report the same back to the
320310 Senate with the recommendation that said bill DO PASS and be
321311 reassigned to the Senate Committee on Appropriations.
322312 (Reference is to HB 1577 as printed February 13, 2025.)
323313 CHARBONNEAU, Chairperson
324314 Committee Vote: Yeas 12, Nays 0
325-_____
326-COMMITTEE REPORT
327-Mr. President: The Senate Committee on Appropriations, to which
328-was referred Engrossed House Bill No. 1577, has had the same under
329-consideration and begs leave to report the same back to the Senate with
330-the recommendation that said bill be AMENDED as follows:
331-Page 3, line 22, delete "Sec. 5." and insert "Sec. 5. (a)".
332-Page 3, line 26, after "license;" insert "and".
333-Page 3, delete lines 27 through 39, begin a new line block indented
334-and insert:
335-EH 1577—LS 7111/DI 150 9
336-"(2) subject to subsection (b), establish a combined fee for an
337-annual license and an inspection to be paid for:
338-(A) the issuance or renewal of a statewide mobile retail
339-food establishment license; and
340-(B) any inspection of a mobile retail food establishment
341-during the period when the license is in effect.
342-(b) Beginning January 1, 2027, a local health department may
343-charge one (1) combined fee under subsection (a)(2) for an annual
344-license and inspection in an amount equal to four hundred fifty
345-dollars ($450). Of the combined fee collected by a local health
346-department for each annual license and inspection, the following
347-conditions apply:
348-(1) The local health department shall retain ($200) of each
349-combined fee, which must be used for costs incurred in
350-conducting local inspections.
351-(2) The local health department shall distribute the remaining
352-two hundred fifty dollars ($250) of each combined fee, on a
353-monthly basis, to the state department, which must be used
354-for costs incurred in establishing and maintaining the
355-statewide mobile retail food establishment data base.".
356-Page 4, line 19, delete "fees;" and insert "fees and distribute those
357-fees in accordance with section 5(b) of this chapter;".
358-Page 4, line 31, delete "section 4(a) and section 5" and insert
359-"sections 4(a) and 5".
360-and when so amended that said bill do pass.
361-(Reference is to EHB 1577 as printed March 14, 2025.)
362-MISHLER, Chairperson
363-Committee Vote: Yeas 10, Nays 0.
364315 EH 1577—LS 7111/DI 150