Oklahoma 2022 Regular Session

Oklahoma House Bill HB2010 Compare Versions

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29		-	SENATE FLOOR VERSION
30		-	April 14, 2022
	28	+	STATE OF OKLAHOMA
31	29
	30	+	2nd Session of the 58th Legislature (2022)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR ENGROSSED
35		-	HOUSE BILL ~~NO.~~ 2010 By: Townley and Johns of the
	34	+	HOUSE BILL 2010 By: Townley and Johns of the
36	35		House
37	36
38	37		and
39	38
40		-	Montgomery and Bergstrom of
41		-	the Senate
	39	+	Montgomery of the Senate
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	44	+	COMMITTEE SUBSTITUTE
46	45
47		-	[ public health and safety - mobile food vendors to
48		-	operate in certain locations - local authorities to
49		-	regulate mobile food vendors - codification -
50		-	effective date ]
	46	+	An Act relating to public health and safety; amending
	47	+	63 O.S. 2021, Sections 1-1101 and 1-1118, which
	48	+	relate to food; defining terms; modifying creation of
	49	+	certain fees; requiring mobile food vendors follow
	50	+	certain laws; allowing mobile food vendors to operate
	51	+	in certain locations; requi ring mobile food vendors
	52	+	operate in a certain manner; authorizing the State
	53	+	Commissioner of Health to promulgate rules;
	54	+	authorizing local authorities to regulate mobile food
	55	+	vendors; allowing administrative hea ring upon
	56	+	suspension or revocation of certain license;
	57	+	establishing penalties; providing appeals process;
	58	+	providing for codification; and providin g an
	59	+	effective date.
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55	64		BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
56	65		SECTION 1. AMENDATORY 63 O.S. 20 21, Section 1-1101, is
57	66		amended to read as follows:
58	67		Section 1-1101. For the purposes of this article act:
59	68		(a) The term "food" means:
60		-	(1) articles used for food or drink for man human
61		-	consumption,
62		-	(2) chewing gum, and
63		-	(3) articles used for components of any such arti cle.
64		-	(b) The term "label" means a display of written, printed or
65		-	graphic matter upon the immediate container of any article; and a
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67		-	SENATE FLOOR VERSION - HB2010 SFLR Page 2
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	95	+	(1) articles used for food or drink for man human
	96	+	consumption,
	97	+	(2) chewing gum, and
	98	+	(3) articles used for components of any such arti cle.
	99	+	(b) The term "label" means a display of written, printed or
	100	+	graphic matter upon the immediate container of any article; and a
93	101		requirement made by or under authority of this article that any
94	102		word, statement, or other information appearing on the label shall
95	103		not be considered to be complied with unless such word, statement,
96	104		or other information also appears on the outside container or
97	105		wrapper, if there be any, of the retail package of such article, or
98	106		is easily legible through the outside container or w rapper.
99	107		(c) The term "immediate container" does not include package
100	108		liners.
101	109		(d) The term "labeling" means all labels and other written,
102	110		printed or graphic matter :
103	111		(1) upon an article or any of its containers or wrappers,
104	112		or
105	113		(2) accompanying such article.
106	114		(e) If an article is alleged to be misbranded because the
107	115		labeling is misleading, or if an advertisement is alleged to be
108	116		false because it is misleading, then in determining whether the
109	117		labeling or advertisement is misleading there shall be taken into
110	118		account (among other things) not only representations made or
111		-	suggested by statement, word, design, device, sound, or in any
112		-	combination thereof, but also the extent to which the labeling or
113		-	advertisement fails to r eveal facts material in the light of such
114		-	representations or material with respect to consequences which may
115		-	result from the use of the article to which the labeling o r
116		-	advertisement relates, under the conditions of use prescribed in the
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	145	+	suggested by statement, word, design, device, sound, or in any
	146	+	combination thereof, but also the extent to which the labeling or
	147	+	advertisement fails to r eveal facts material in the light of such
	148	+	representations or material with respect to consequences which may
	149	+	result from the use of the article to which the labeling o r
	150	+	advertisement relates, under the conditions of use prescribed in the
144	151		labeling or advertisement thereof, or under such conditions o f use
145	152		as are customary or usual.
146	153		(f) The term "advertisement" means all representations
147	154		disseminated in any manner or by an y means, other than by labeling,
148	155		for the purpose of inducing, or which are likely to indu ce, directly
149	156		or indirectly, the purchase of food.
150	157		(g) The term "contaminated with filth " applies to any food not
151	158		securely protected from dust, dirt, and, as far as ma y be necessary
152	159		by all reasonable means, from all foreign or injurious
153	160		contaminations.
154	161		(h) The provisions of this article regarding the selling of
155	162		food shall be considered to include the manufacture, produ ction,
156	163		processing, packing, exposure, offer, posses sion, and holding of any
157	164		such article for sale; and the sale, dispensing, and giving of a ny
158	165		such article, and the supplying or apply ing of any such articles in
159	166		the conduct of any food establishment.
160	167		(i) The term "Federal Act" means the Federal Food, Drug, and
161	168		Cosmetic Act.
162		-	(j) The term "mobile food establishment " means a facility
163		-	including a trailer, that prepares food and beverages , is vehicle
164		-	mounted, is road-approved by the Department of Transportation
165		-	including wheels and axles, is readily movable, and remains at one
166		-	physical address for no mor e than twelve (12) hours at one time,
167		-	unless the mobile food establishment is operating on private
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169		-	SENATE FLOOR VERSION - HB2010 SFLR Page 4
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	195	+	(j) The term "mobile food establishment " means a facility
	196	+	including a trailer, that prepares food and beverages , is vehicle
	197	+	mounted, is road-approved by the Department of Transportation
	198	+	including wheels and axles, is readily movable, and remains at one
	199	+	physical address for no mor e than twelve (12) hours at one time,
	200	+	unless the mobile food establishment is operating on private
195	201		property. A mobile food establishment operating on private propert y
196	202		may remain at one physical address for no more than fourteen (14)
197	203		days.
198	204		(k) The term "mobile push cart" means a non-self-propelled food
199	205		unit that can be manually moved by an average person without being
200	206		vehicle mounted.
201	207		(l) The term "mobile retail food establishment" means a
202	208		licensed enterprise which sells packaged foods from a stationary
203	209		display at a location some distance from the establishment but still
204	210		at the same physical address for no more than twelve (12) hours ;
205	211		provided, the licensed unit is on the premises and readily available
206	212		for inspection and the food has been prepared in a facility th at is
207	213		regulated by the good manufacturing practices in Title 21 of the
208	214		Code of Federal Regulations or pursuant to Section 310:260 of the
209	215		Oklahoma Administrative Code, Good Manufacturing Practice
210	216		Regulations, Oklahoma Department of Agriculture, Food , and Forestry,
211	217		and United States Departmen t of Agriculture, or this act.
212		-	(m) The term "mobile food vendor" means any person who
213		-	dispenses food or beverages from a mobile food establishment, mobile
214		-	push cart, or mobile retail food estab lishment.
215		-	(n) The term "mobile food vending" means dispensing food or
216		-	beverages from a food vending vehi cle.
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	244	+	(m) The term "mobile food vendor" means any person who
	245	+	dispenses food or beverages from a mobile food establishment, mobile
	246	+	push cart, or mobile retail food estab lishment.
	247	+	(n) The term "mobile food vending" means dispensing food or
	248	+	beverages from a food vending vehi cle.
244	249		(o) The term "food vending vehicle " means a mobile food
245	250		establishment, mobile push cart, or mobile retail food
246	251		establishment.
247	252		(p) The term "local authority" means any local government
248	253		including any town, c ity, charter city, political subdivision , or
249	254		county.
250	255		(q) The term "public property" means any property owned and
251	256		operated by this state or a loc al authority for the benefit of the
252	257		public and includes all rights-of-way contained wholly within any
253	258		state or local authority parks.
254	259		(r) The term "temporary mass gathering" means an actual or
255	260		reasonably anticipated assembly of three hundred or more people for
256	261		an event that continues, or reasonably can be expe cted to continue,
257	262		for two (2) or more hours per day.
258	263		(s) The term "nonobstructive spot insp ection" means an
259	264		inspection of a mobile food establishment at a temporary mass
260	265		gathering that is conduct ed, if practicable, before the start of the
261	266		temporary mass gathering and that does not exceed ten (10) minute s
262	267		in length if conducted during a high -traffic time of the gathering.
263		-	SECTION 2. AMENDATORY 63 O. S. 2021, Section 1-1118, is
264		-	amended to read as follows:
265		-	Section 1-1118. A. It shall be unlawful for any person to
266		-	operate or maintain any establishment, stationary or otherwi se,
267		-	where food or drink is offered for sale, or sold, to the public,
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269		-	SENATE FLOOR VERSION - HB2010 SFLR Page 6
270		-	(Bold face denotes Committee Amendments) 1
	269	+	Req. No. 3786 Page 6 1
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	294	+	SECTION 2. AMENDATORY 63 O. S. 2021, Section 1-1118, is
	295	+	amended to read as follows:
	296	+	Section 1-1118. A. It shall be unlawful for any person to
	297	+	operate or maintain any establishment, stationary or otherwi se,
	298	+	where food or drink is offered for sale, or sold, to the public,
295	299		unless the person is the holder of a food establishment license
296	300		issued for such purpose by the State Commissioner of Health or
297	301		designee. A mobile food vendor that seeks to operate in a c ounty
298	302		with a population of more than four hundred thousand (400,000)
299	303		according to the latest Federal Dec ennial Census that is governed by
300	304		a city-county health departm ent shall obtain a food establishment
301	305		license from the local authority which has the population over four
302	306		hundred thousand (400,000) according to the latest Federal Decen nial
303	307		Census. This food establishment license shall be recognized by the
304	308		State Commissioner of Health and all local authorities as a state
305	309		food establishment li cense for purposes of this title. A food
306	310		establishment license shall permit the mobile food ven dor to operate
307	311		in any local authority's jurisdiction upon the local authority 's
308	312		recognition of the license, the issuance of any rele vant local
309	313		license not in conflict with this act, and the vendor's compliance
310	314		with all other munici pal provisions not in conflict with this act.
311	315		A food establishment license shall not be required for:
312		-	1. A produce stand that offers only whole, un cut and
313		-	unprocessed fresh fruits, melons, vegetables and legumes and/or
314		-	whole uncracked and unprocessed nuts;
315		-	2. A manufacturer, wholesaler or broker of food licensed
316		-	pursuant to Section 1-1119 of this title;
317		-	3. A kitchen in a private home if only food t hat does not
318		-	require time and temperature control for safety is prepared for sale
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320		-	SENATE FLOOR VERSION - HB2010 SFLR Page 7
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	342	+	1. A produce stand that offers only whole, un cut and
	343	+	unprocessed fresh fruits, melons, vegetables and legumes and/or
	344	+	whole uncracked and un processed nuts;
	345	+	2. A manufacturer, wholesaler or broker of food licensed
	346	+	pursuant to Section 1-1119 of this title;
	347	+	3. A kitchen in a private home if only food t hat does not
	348	+	require time and temperature control for safety is prepared for sale
346	349		or service at a function such as a nonprof it civic, charitable or
347	350		religious organization's bake sale;
348	351		4. An area where food that is prepared as specified in
349	352		paragraph 3 of this subsection is sold or offered for human
350	353		consumption;
351	354		5. A private home that receives cate red or home-delivered food;
352	355		6. A hotel licensed pursuant to Section 1-1201 of this title
353	356		which provides limited food service in compliance with rules
354	357		promulgated by the State Commissioner of Health;
355	358		7. A kitchen in a private home or in a bed and breakfast that
356	359		prepares and offers food to guests, if the home is owner-occupied,
357	360		the number of available guest bedrooms does not exceed three, and
358	361		breakfast is the only meal offered;
359	362		8. A nonprofit civic, charitable or religious organization
360	363		using unpaid individuals to prepare or serve food on its behalf, for
361	364		occasional fund-raising fundraising events sponsored and conducted
362	365		by the organization. For the purposes of this parag raph, an
363		-	"occasional fund-raising fundraising event" shall be defined as an
364		-	event that occurs four times a year or less;
365		-	9. Day care centers or family day care centers, and all other
366		-	child care facilities as defined and licensed pursuant to the
367		-	provisions of the Oklahoma Child Care Facilities Lice nsing Act;
368		-	10. Nursing facilities and specialized facilities, as def ined
369		-	in and licensed pursuant to the provisions of the Nursing Home Care
370	366
371		-	SENATE FLOOR VERSION - HB2010 SFLR Page 8
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	392	+	"occasional fund-raising fundraising event" shall be defined as an
	393	+	event that occurs four times a year or less;
	394	+	9. Day care centers or family day care centers, and all other
	395	+	child care facilities as defined and licensed pursuant to the
	396	+	provisions of the Oklahoma Child Care Facilities Lice nsing Act;
	397	+	10. Nursing facilities and specialized facilities, as def ined
	398	+	in and licensed pursuant to the provisions of the Nursing Home Care
397	399		Act, residential care homes as defined by the Residential Care Act,
398	400		adult day care centers as defined by the Adult Day Care Act, and
399	401		assisted living centers and continuum of care faci lities licensed
400	402		pursuant to the Continuum of Care and Assisted Living Act; and
401	403		11. Other establishments exempted from food establishment
402	404		licensure pursuant to state law.
403	405		B. Each license shall expire one (1) year following the date of
404	406		its issuance. The S tate Department of Health shall charge and
405	407		collect for each such license an annual fee to be fixed by the State
406	408		Commissioner of Health by rule or as provided for in this section .
407	409		1. The Commissioner may provide by rule for a fee-exempt
408	410		license for a food establishment operated by a nonprofit, civic,
409	411		charitable or religious organization that uses unpaid persons to
410	412		sell or offer food on a more frequent basis than the occasional
411	413		fund-raising fundraising event. A fee-exempt license shall not
412	414		expire but shall remain in full force and effect until affirmatively
413		-	revoked, suspended, annulled or withdrawn by the Department in
414		-	accordance with applicable law.
415		-	2. The Commissioner may by rule also provid e that licenses for
416		-	establishments serving events of limited duration or operating on a
417		-	seasonal basis shall extend only for the term of the event or
418		-	season, and may by rule adjust the fees for such licenses
419		-	accordingly.
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	441	+	revoked, suspended, annulled or withdrawn by the Department in
	442	+	accordance with applicable law.
	443	+	2. The Commissioner may by rule also provid e that licenses for
	444	+	establishments serving events of limited duration or operating on a
	445	+	seasonal basis shall extend only for the term of the event or
	446	+	season, and may by rule adjust the fees for such licenses
	447	+	accordingly.
447	448		3. The Commissioner shall provide by rule a three-day license
448	449		for vendors who only sell at farmers markets as defined in 310:257-
449	450		1-2 of the Oklahoma Administrative Code or at county fairs.
450	451		Licenses for vendors who only sell at farmers ma rkets or county
451	452		fairs shall not exceed Fifty Dollars ($50.00). Vendors who do not
452	453		sell food and vendors who meet the exceptions provided in subsection
453	454		A of this section shall not be required to obtain a three -day
454	455		license or a food establishment license.
455	456		4. The Commissioner shall provide by rule a multisea sonal
456	457		license for snow cone stands t hat sell hot beverages in addition to
457	458		snow cones. A snow cone stand that does n ot sell hot beverages
458	459		shall be considered a seasonal food establishment.
459	460		C. The State Commissioner of Health shall promulgate reasonable
460	461		standards and rules for sanitation of establishments required to be
461	462		licensed, which shall include the following: buildings, vehicles,
462	463		and appurtenances thereto , including plumbing, ventilation and
463	464		lighting; construction, cleanliness and bactericidal treatmen t of
464		-	equipment and utensils; cleanliness, wholesomeness, storage and
465		-	refrigeration of food and drink sold or served; cleanliness and
466		-	hygiene of personnel; toilet facilities; disposal of waste; water
467		-	supply; and other items deemed necessary to safeguard the health,
468		-	comfort, and safety of customers.
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	491	+	equipment and utensils; cleanliness, wholesomeness, storage and
	492	+	refrigeration of food and drink sold or served; cleanliness and
	493	+	hygiene of personnel; toilet facilities; disposal of waste; water
	494	+	supply; and other items deemed necessary to safeguard the health,
	495	+	comfort, and safety of customers.
496	496		SECTION 3. NEW LAW A new section of law to be codified
497	497		in the Oklahoma Statutes as Section 1 -1150 of Title 63, unless there
498	498		is created a duplication in numbering, reads as follows:
499	499		A. A mobile food vendor with a food establishment license
500	500		required under Section 1-1118 of Title 63 of the Oklahoma Statutes is
501	501		authorized to operate in the state subject to this section. Mobile
502	502		food vendors shall follow all state and local laws and regulations
503	503		governing operations in the jurisdiction where the vendor is
504	504		operating that are not in conflict with this act.
505	505		B. A mobile food vendor with a food establishment license
506	506		required under Section 1-1118 of Title 63 of the Oklahoma Statutes
507	507		shall provide a copy of its state license to a local authority for
508	508		recognition by the local authority before operating in the local
509	509		authority's jurisdiction. The local authority shall recognize a
510	510		lawful and valid state license and authorize the mobile food vendor
511	511		to operate in its jurisdiction within five (5) business days of
512	512		receipt of the state license and verification of complian ce with
513	513		local regulations not in conflict with this act . Such recognition
514	514		and authorization may include issuing a local license or permit to
515		-	the mobile food vendor. Any local license or permit issued shall
516		-	not impose additional requirements that conflict with this act.
517		-	C. Upon compliance with subsection B of this section, a mobile
518		-	food vendor may operate in the following locations:
519		-	1. Any location allowed by the local authority; and
520	515
521		-	SENATE FLOOR VERSION - HB2010 SFLR Page 11
522		-	(Bold face denotes Committee Amendments) 1
	516	+	Req. No. 3786 Page 11 1
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545	539		24
546	540
	541	+	the mobile food vendor. Any local license or permit issued shall
	542	+	not impose additional requirements that conflict with this act.
	543	+	C. Upon compliance with subsection B of this section, a mobile
	544	+	food vendor may operate in the following locations:
	545	+	1. Any location allowed by the local authority; and
547	546		2. On private property under the following circumstances:
548	547		a. the property is located in a zoning district where
549	548		food service establishments are permitted to operate
550	549		and the vendor has permission of the property owne r,
551	550		designee, or lessor,
552	551		b. the property is located in a residential zoning
553	552		district and the mobile food vendor has been invited
554	553		by a resident or group of residents in t hat district
555	554		to operate on their property fo r the purpose of
556	555		serving food to that reside nt, group of residents, or
557	556		their guests; provided, that the operation of mobile
558	557		food vendors on the subject property not exceed twelve
559	558		(12) days per year, and
560	559		c. the mobile food vendor would not cause a nuisance.
561	560		D. A mobile food vendor shall not operate in any manner which
562	561		will interfere with or obstruct the free passage of pedestrians or
563	562		vehicles along any street , sidewalk, or parkway.
564		-	E. A mobile food vendor shall not operate in a state pa rk
565		-	without having a contract or lease agreement approved by the
566		-	Oklahoma Tourism and Recreation Commission.
567		-	F. When operating, a mobile food vendor shall:
568		-	1. Maintain a food vending vehicle in good operatin g order;
569		-	2. Provide a waste receptacle for cust omers that is visible and
570		-	request that customers use it;
571	563
572		-	SENATE FLOOR VERSION - HB2010 SFLR Page 12
573		-	(Bold face denotes Committee Amendments) 1
	564	+	Req. No. 3786 Page 12 1
574	565		2
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596	587		24
597	588
	589	+	E. A mobile food vendor shall not operate in a state pa rk
	590	+	without having a contract or lease agreement approved by the
	591	+	Oklahoma Tourism and Recreation Commission.
	592	+	F. When operating, a mobile food vendor shall:
	593	+	1. Maintain a food vending vehicle in good operatin g order;
	594	+	2. Provide a waste receptacle for cust omers that is visible and
	595	+	request that customers use it;
598	596		3. Remove and dispose of all refuse within a twenty-five-foot
599	597		radius of the mobile food vendor's operating area at the conclusion
600	598		of operation;
601	599		4. Display the mobile food vendor 's food establishment license
602	600		in a conspicuous location for public view; and
603	601		5. If serving food at a temporary mass gathering, notify the
604	602		State Department of Health and the local authority in the
605	603		jurisdiction where the gather ing is to be located of the dates the
606	604		mobile food vendor will operate at the temporary mass gathering at
607	605		least ten (10) business days prior to the gathering.
608	606		G. The State Commissioner of Health may promulgate rules to
609	607		enforce the provisions of this section. Rules adopted shall not:
610	608		1. Require a mobile food ven dor to operate a specific distance
611	609		from the perimeter of a n existing commercial establish ment or to
612	610		enter into any agreement with a commercial establishment;
613		-	2. Require a mobile food vendor that serves only prepackaged
614		-	food or that does not prepare or ope n food to have a handwashing
615		-	sink in the food vending vehicle;
616		-	3. Require a mobile food vendor to associate with a commissary
617		-	if the vendor carries all the equipment necessary to comply with
618		-	health and safety standards and applicable regulations;
619		-	4. Limit the number of licensed mobile food vendors;
620		-	5. Require a mobile food vendor to obtain any additional
621		-	permits from a local authority unless the mobile food vendor seeks
622	611
623		-	SENATE FLOOR VERSION - HB2010 SFLR Page 13
624		-	(Bold face denotes Committee Amendments) 1
	612	+	Req. No. 3786 Page 13 1
625	613		2
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648	636
	637	+	2. Require a mobile food vendor that serves only prepackaged
	638	+	food or that does not prepare or ope n food to have a handwashing
	639	+	sink in the food vending vehicle;
	640	+	3. Require a mobile food vendor to associate with a commissary
	641	+	if the vendor carries all the equipment necessary to comply with
	642	+	health and safety standards and applicable regulations;
	643	+	4. Limit the number of licensed mobile food vendors;
	644	+	5. Require a mobile food vendor to obtain any additional
	645	+	permits from a local authority unless the mobile food vendor seeks
649	646		to operate at an event which is permitted by a local authority or in
650	647		a local, public park;
651	648		6. Require a mobile food vendor to be fingerpri nted or to
652	649		install a Global Positioning System (GPS) tracking device on the
653	650		vendor's vehicle;
654	651		7. Require a mobile food vendor to stay in constant motion
655	652		except for when serving customers;
656	653		8. Require a mobile food vendor to change locations unless the
657	654		vendor is operating in violation of this act;
658	655		9. Require a mobile food vendor to maintain insurance that
659	656		names a local authority as an additional insured unless the vendor
660	657		is operating at an event sponsored by the loc al authority or
661	658		operating in a local, public park;
662	659		10. Require a mobile food vendor to maintain a bond that names
663	660		a local authority as a beneficiary unless the vendor is operating at
664		-	an event sponsored by the local authority or operating in a local,
665		-	public park;
666		-	11. Require a mobile food vendor to submit to health
667		-	inspections beyond health inspections conducted by the Department or
668		-	by a local authority collaborating with the Department, unless the
669		-	Department is investigating a reported foodborne illness , or
670		-	addressing a complaint of an imminent heal th or safety hazard to the
671		-	public;
672	661
673		-	SENATE FLOOR VERSION - HB2010 SFLR Page 14
674		-	(Bold face denotes Committee Amendments) 1
675		-	2
676		-	3
677		-	4
678		-	5
679		-	6
680		-	7
681		-	8
682		-	9
683		-	10
684		-	11
685		-	12
686		-	13
687		-	14
688		-	15
689		-	16
690		-	17
691		-	18
692		-	19
693		-	20
694		-	21
695		-	22
696		-	23
697		-	24
698		-
699		-	12. Require a health inspection of a food vending vehicle more
700		-	than twice per year unless the Department is ensuring a mobile food
701		-	vendor has corrected a violation detected du ring a prior inspection,
702		-	is investigating a r eported foodborne illness, or is conducting a
703		-	nonobstructive spot inspection to ensure food safety;
704		-	13. Charge a mobile food vendor fees for a health inspection;
705		-	or
706		-	14. Require a mobile food vendor to submit to a state fire
707		-	inspection if the vendor can demonstrate it passed a state or local
708		-	fire inspection in the previous twelve (12) months.
709		-	SECTION 4. NEW LAW A new section of law to be codified
710		-	in the Oklahoma Statutes as Section 1 -1151 of Title 63, unless there
711		-	is created a duplication in numbering, reads as follows:
712		-	A. The local authority may regulate mobile food vendors in
713		-	accordance with this section. In relation to a mobile food vendor's
714		-	operations, a local authority may:
715		-	1. Restrict the operation of a noisemaking device t hat exceeds
716		-	seventy-five (75) decibels measured at twenty-three (23) feet from
717		-	the food vending vehicle during ce rtain hours of the day;
718		-	2. Restrict a mobile food vendor from operating in a public
719		-	park or require a special permit and payment of fees to op erate in a
720		-	public park;
721		-	3. Prohibit a mobile food vendor from blocking or restricting
722		-	ingress to or egress from private property;
723		-
724		-	SENATE FLOOR VERSION - HB2010 SFLR Page 15
725		-	(Bold face denotes Committee Amendments) 1
726		-	2
727		-	3
728		-	4
729		-	5
730		-	6
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733		-	9
734		-	10
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746		-	22
747		-	23
748		-	24
749		-
750		-	4. Develop a mobile food vendor metered parking pass for a fee
751		-	that permits a mobile food vendor to operate from metered par king
752		-	spaces for longer than the vendor would otherwise be permitted;
753		-	5. Investigate reports of foodborne illness es;
754		-	6. Report a mobile food vendor 's suspected violation of this
755		-	act to the State Department of H ealth;
756		-	7. Issue citations and penalties to m obile food vendors for
757		-	violations of state and local law not inconsistent with this act;
758		-	and
759		-	8. Adopt and enforce other regulations in conformity to
760		-	municipal powers that are not inconsistent with this act. Any
761		-	regulation regarding mobile food vendors mu st address public health
762		-	or safety risks.
763		-	B. In relation to a mobile food vendor's operations, a local
764		-	authority may not:
765		-	1. Prohibit a mobile food vendor from lawfully operating in its
766		-	jurisdiction if the ve ndor holds a food establishment license
767		-	required under Section 1-1118 of Title 63 of the Oklahoma Statutes
768		-	and is in compliance with this act and all other state and local
769		-	laws not in conflict with this act;
770		-	2. Require a mobile food vendor to obtain any l icense or permit
771		-	from the local authority to o perate a food vending vehicle unless:
772		-
773		-	SENATE FLOOR VERSION - HB2010 SFLR Page 16
774		-	(Bold face denotes Committee Amendments) 1
775		-	2
776		-	3
777		-	4
778		-	5
779		-	6
780		-	7
781		-	8
782		-	9
783		-	10
784		-	11
785		-	12
786		-	13
787		-	14
788		-	15
789		-	16
790		-	17
791		-	18
792		-	19
793		-	20
794		-	21
795		-	22
796		-	23
797		-	24
798		-
799		-	a. the local authority is issuing a local license in
800		-	recognition of a state license under subsection B of
801		-	Section 3 of this act,
802		-	b. the mobile food vendor seeks to operate at an event
803		-	which has been permitted by the local authority, or
804		-	c. the mobile food vendor seeks a food establishment
805		-	license from a local authority required by Section 1-
806		-	1118 of Title 63 of the Oklahoma Statutes;
807		-	3. Require a mobile food vendor that is operating on private
808		-	property with the permissio n of the owner to operate a specific
809		-	distance from commercial food or reta il establishments;
810		-	4. Require a mobile food vendor to enter into any agreement
811		-	with commercial food or r etail establishments;
812		-	5. Require a mobile food vendor to be fingerprinted or to
813		-	install a Global Positioning System (GPS) tracking device on the
814		-	vendor's vehicle;
815		-	6. Require a mobile food ven dor to stay in constant motion
816		-	except for when serving customers;
817		-	7. Require a mobile food vendor to maintain an insurance policy
818		-	that names the local authority as an additional insured unless the
819		-	vendor is operating at an event sponsored by the local author ity or
820		-	operating in a local, public park;
821		-	8. Require a mobile food vendor to maintain a bond that names a
822		-	local authority as a beneficia ry unless the vendor is operating at
823		-
824		-	SENATE FLOOR VERSION - HB2010 SFLR Page 17
825		-	(Bold face denotes Committee Amendments) 1
	662	+	Req. No. 3786 Page 14 1
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849	686
850	687		an event sponsored by the local authority or operating in a local,
851	688		public park;
852		-	9. Require a mobile food vendor to submit to health ~~inspections~~
853		-	beyond health inspections conducted by or ~~in collaboration with the~~
854		-	Department, unless the ~~local authority is investigating a reported~~
855		-	foodborne illness ~~or addressing a complaint of an imminent health~~ or
856		-	safety hazard to the ~~public;~~
857		-	~~10. Require a health inspection of a food vending vehicle more~~
858		-	~~than twice per year unless the lo cal authority,~~ ~~in collaboration~~
859		-	~~with~~ the Department ~~under this act,~~ is ~~ens uring~~ a mobile food ~~vendor~~
860		-	has corrected a ~~viol ation~~ detected ~~during~~ a prior inspection, is
861		-	investigating a ~~reported~~ foodborne illness, or is conducting a
	689	+	11. Require a mobile food vendor to submit to health
	690	+	inspections beyond health inspections conducted by the Department or
	691	+	by a local authority collaborating with the Department, unless the
	692	+	Department is investigating a reported foodborne illness , or
	693	+	addressing a complaint of an imminent heal th or safety hazard to the
	694	+	public;
	695	+	12. Require a health inspection of a food vending vehicle more
	696	+	than twice per year unless the Department is ensuring a mobile food
	697	+	vendor has corrected a violation detected du ring a prior inspection,
	698	+	is investigating a r eported foodborne illness, or is conducting a
862	699		nonobstructive spot inspection to ensure food safety;
863		-	11. Charge a mobile food vendor fees for a dditional health
864		-	inspections;
865		-	12. Charge a mobile food vendor fees for any local license or
866		-	permit allowed under Section 3 of this act beyond the administrative
867		-	cost of issuing the loca l license or permit;
868		-	13. Require a mobile food vendor to submit to a state fire
869		-	inspection if the vendor can demonstrate it passed a state fire
870		-	inspection in the previous twelve (12) months;
871		-	14. Require a mobile food vendor to enter into any agreem ent
872		-	with a commercial establishment or restaurant;
	700	+	13. Charge a mobile food vendor fees for a health inspection;
	701	+	or
	702	+	14. Require a mobile food vendor to submit to a state fire
	703	+	inspection if the vendor can demonstrate it passed a state or local
	704	+	fire inspection in the previous twelve (12) months.
	705	+	SECTION 4. NEW LAW A new section of law to be codified
	706	+	in the Oklahoma Statutes as Section 1 -1151 of Title 63, unless there
	707	+	is created a duplication in numbering, reads as follows:
	708	+	A. The local authority may regulate mobile food vendors in
	709	+	accordance with this section. In relation to a mobile food vendor's
	710	+	operations, a local authority may:
873	711
874		-	SENATE FLOOR VERSION - HB2010 SFLR Page 18
875		-	(Bold face denotes Committee Amendments) 1
	712	+	Req. No. 3786 Page 15 1
876	713		2
877	714		3
878	715		4
879	716		5
880	717		6
881	718		7
882	719		8
883	720		9
884	721		10
885	722		11
886	723		12
887	724		13
888	725		14
889	726		15
890	727		16
891	728		17
892	729		18
893	730		19
894	731		20
895	732		21
896	733		22
897	734		23
898	735		24
899	736
900		-	15. ~~Regulate~~ the ~~equipment r equirements for~~ a ~~food vending~~
901		-	~~vehicle; or~~
902		-	~~16. Require a mobile~~ food ~~vendor to associate with a commissary~~
903		-	~~if the~~ vendor ~~has all the e quipment necessary to comply with state~~
904		-	~~regulations pertaining~~ to ~~food vending vehicles.~~
905		-	~~SECTION 5.~~ ~~NEW LAW A new section of law to be codified~~
906		-	~~in the Oklahoma Statutes as Sec tion 1-1152~~ ~~of Title 63,~~ ~~unless there~~
907		-	~~is created a duplication in numbering,~~ ~~reads as follows:~~
908		-	A. ~~Any~~ mobile food vendor ~~who has been notified of~~ a ~~possible~~
909		-	~~suspension or revocation of his or her state license may request an~~
910		-	~~administrative hearing in acco rdance with~~ the ~~Administrative~~
911		-	~~Procedures Act and rules promulgated by the State Commissioner~~ of
912		-	~~Health~~.
913		-	B. The Department ~~may issue civil penalties to a person who~~
914		-	~~operates as a mobile~~ food ~~vendor without a license, with a suspended~~
915		-	~~license, or after a license is revoke d.~~
916		-	~~SECTION 6. NEW LAW A new section of law to be codified~~
917		-	in ~~the Oklahoma Statutes as Section 1-1153 of Title 63, unless there~~
918		-	~~is created a duplication in numbering,~~ ~~reads as fol lows:~~
919		-	~~A person aggrieved by a decision of the State Department of~~
920		-	~~Health following a hearing has the right to appeal the decision as~~
921		-	~~provided~~ in ~~the Administrative Procedures Act and rules promulgated~~
922		-	~~by the State Commissioner of Health.~~
	737	+	1. Restrict the operation of a noisemaking device t hat exceeds
	738	+	seventy-five (75) decibels measured at twenty-three (23) feet from
	739	+	the food vending vehicle during ce rtain hours of the day;
	740	+	2. Restrict a mobile food vendor from operating in a public
	741	+	park or require a special permit and payment of fees to op erate in a
	742	+	public park;
	743	+	3. Prohibit a mobile food vendor from blocking or restricting
	744	+	ingress to or egress from private property;
	745	+	4. Develop a mobile food vendor metered parking pass for a fee
	746	+	that permits a mobile food vendor to operate from metered par king
	747	+	spaces for longer than the vendor would otherwise be permitted;
	748	+	5. Investigate reports of foodborne illness es;
	749	+	6. Report a mobile food vendor 's suspected violation of this
	750	+	act to the State Department of H ealth;
	751	+	7. Issue citations and penalties to m obile food vendors for
	752	+	violations of state and local law not inconsistent with this act;
	753	+	and
	754	+	8. Adopt and enforce other regulations in conformity to
	755	+	municipal powers that are not inconsistent with this act. Any
	756	+	regulation regarding mobile food vendors mu st address public health
	757	+	or safety risks.
	758	+	B. In relation to a mobile food vendor's operations, a local
	759	+	authority may not:
923	760
924		-	SENATE FLOOR VERSION - HB2010 SFLR Page 19
925		-	(Bold face denotes Committee Amendments) 1
	761	+	Req. No. 3786 Page 16 1
926	762		2
927	763		3
928	764		4
929	765		5
930	766		6
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949	785
	786	+	1. Prohibit a mobile food vendor from lawfully operating in its
	787	+	jurisdiction if the ve ndor holds a food establishment license
	788	+	required under Section 1-1118 of Title 63 of the Oklahoma Statutes
	789	+	and is in compliance with this act and all other state and local
	790	+	laws not in conflict with this act;
	791	+	2. Require a mobile food vendor to obtain any l icense or permit
	792	+	from the local authority to o perate a food vending vehicle unless:
	793	+	a. the local authority is issuing a local license in
	794	+	recognition of a state license under subsection B of
	795	+	Section 3 of this act,
	796	+	b. the mobile food vendor seeks to operate at an event
	797	+	which has been permitted by the local authority, or
	798	+	c. the mobile food vendor seeks a food establishment
	799	+	license from a local authority required by Section 1-
	800	+	1118 of Title 63 of the Oklahoma Statutes;
	801	+	3. Require a mobile food vendor that is operating on private
	802	+	property with the permissio n of the owner to operate a specific
	803	+	distance from commercial food or reta il establishments;
	804	+	4. Require a mobile food vendor to enter into any agreement
	805	+	with commercial food or r etail establishments;
	806	+	5. Require a mobile food vendor to be fingerprinted or to
	807	+	install a Global Positioning System (GPS ) tracking device on the
	808	+	vendor's vehicle;
	809	+
	810	+	Req. No. 3786 Page 17 1
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	812	+	3
	813	+	4
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	830	+	21
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	832	+	23
	833	+	24
	834	+
	835	+	6. Require a mobile food ven dor to stay in constant motion
	836	+	except for when serving customers;
	837	+	7. Require a mobile food vendor to maintain an insurance policy
	838	+	that names the local authority as an additional insur ed unless the
	839	+	vendor is operating at an event sponsored by the local author ity or
	840	+	operating in a local, public park;
	841	+	8. Require a mobile food vendor to maintain a bond that names a
	842	+	local authority as a beneficia ry unless the vendor is operating at
	843	+	an event sponsored by the local autho rity or operating in a local,
	844	+	public park;
	845	+	9. Require a mobile food vendor to submit to health inspections
	846	+	beyond health inspections conducted by or in collaboration with the
	847	+	Department, unless the local authority is investigating a reported
	848	+	foodborne illness or addressing a complaint of an imminent health or
	849	+	safety hazard to the public;
	850	+	10. Require a health inspection of a food vending vehicle more
	851	+	than twice per year unless the lo cal authority, in collaboration
	852	+	with the Department under this act, is ens uring a mobile food vendor
	853	+	has corrected a viol ation detected during a prior inspection, is
	854	+	investigating a reported foodborne illness, or is conducting a
	855	+	nonobstructive spot inspection to ensure food safety;
	856	+	11. Charge a mobile food vendor fees for a dditional health
	857	+	inspections;
	858	+
	859	+	Req. No. 3786 Page 18 1
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	884	+	12. Charge a mobile food vendor fees for any local license or
	885	+	permit allowed under Section 3 of this act beyond the administrative
	886	+	cost of issuing the loca l license or permit;
	887	+	13. Require a mobile food vendor to submit to a state fire
	888	+	inspection if the vendor can demonstrate it passed a state fire
	889	+	inspection in the previous twelve (12) months;
	890	+	14. Require a mobile food vendor to enter into any agreem ent
	891	+	with a commercial establishment or r estaurant;
	892	+	15. Regulate the equipment r equirements for a food vending
	893	+	vehicle; or
	894	+	16. Require a mobile food vendor to associate with a commissary
	895	+	if the vendor has all the e quipment necessary to comply with state
	896	+	regulations pertaining to food vending ve hicles.
	897	+	SECTION 5. NEW LAW A new section of law to be codified
	898	+	in the Oklahoma Statutes as Sec tion 1-1152 of Title 63, unless there
	899	+	is created a duplication in numbering, reads as follows:
	900	+	A. Any mobile food vendor who has been notified of a possible
	901	+	suspension or revocation of his or her state license may request an
	902	+	administrative hearing in acco rdance with the Administrative
	903	+	Procedures Act and rules promulgated by the State Commissioner of
	904	+	Health.
	905	+	B. The Department may issue civ il penalties to a person who
	906	+	operates as a mobile food vendor without a license, with a suspended
	907	+	license, or after a license is revoke d.
	908	+
	909	+	Req. No. 3786 Page 19 1
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	934	+	SECTION 6. NEW LAW A new section of law to be codified
	935	+	in the Oklahoma Statutes as Section 1-1153 of Title 63, unless there
	936	+	is created a duplication in numbering, reads as fol lows:
	937	+	A person aggrieved by a decision of the State Department of
	938	+	Health following a hearing has the right to appeal the decision as
	939	+	provided in the Administrative Procedures Act and rules promulgated
	940	+	by the State Commissioner of Health.
950	941		SECTION 7. NEW LAW A n ew section of law to be codified
951	942		in the Oklahoma Statutes as S ection 1-1154 of Title 63, unless there
952	943		is created a duplication in numbering, reads as follows:
953	944		A. This act shall not be construed to require a local authority
954	945		to adopt a program regulating mo bile food vendors or to modify its
955	946		existing program regulating mobile food vendors; provided , the
956	947		regulations do not conflict with this act.
957	948		B. This act shall not be construed to impede the State
958	949		Department of Health or local authority in any investigatio n of a
959	950		reported foodborne illness.
960	951		SECTION 8. This act shall become effective November 1, 20 22.
961		-	~~COMMITTEE REPORT BY: COMMIT TEE ON BUSINESS, COMMERCE AND TOURISM~~
962		-	~~April~~ 14, 2022 ~~- DO PASS AS AMENDED~~
	952	+
	953	+	58-2-3786 DC 4/14/2022 9:43:56 AM