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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 545 By: Dahm
AS INTRODUCED
An Act relating to mobile food vendors; creatin g the
Mobile Food Vendor Act; defining te rms; requiring
persons who operate as mobile food v endors to obtain
a license; prohibiting political subdivisions from
restricting certain vendors; requiring the State
Department of Health to prepare and make availa ble a
license application; authorizing th e Department to
require certain information; author izing the
Department to require certain information by
individuals under oath; requiring applicants to abide
by requests for information; providing conditions for
denial of license; requiring the Departmen t or a
political subdivision to conduct an inspecti on;
stating purpose of inspection; authorizing the
Department to establish a fee; requir ing the
Department to issue a license under certain
conditions; prohibiting transfer of license;
providing exception to invalidation of license;
providing for renewal o f license; requiring the
Department to submit notice of expiration; making it
a crime to knowingly provide false info rmation;
requiring the Department to create and make available
a guide; requiring mobile food vendors to follow all
laws not in conflict wi th this act; providing
locations to operate mobile food trucks; req uiring
certain operational standards; requiring di splay of
license and certification; authorizing the Department
to promulgate rules that adhere to certain
restrictions; requiring mobile fo od vendors to follow
laws and regulations regarding food handling a nd
safety; requiring possession of a state -recognized
food safety certification; requiring the De partment
to classify mobile food vendors; requiring
inspections at a frequency based on clas sifications;
requiring the Department to establish and maintain a
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database; authorizing the Department to collaborate
with political subdivisions for inspections;
requiring inspection certificates based on a letter
grade format; requiring notification of i nspection;
authorizing mobile food vendors to request the
Department to obtain an admini strative warrant;
requiring the Department to calculate average
inspection costs; stating limit on fees for
inspection; authorizing reimbursement of inspection
fees under certain circumstances; authorizing
political subdivisions to reg ulate certain aspects of
operations; prohibiting political subdivisions from
regulating certain a spects of operations; authorizing
the Department and political subdivisions to
investigate under certain circumstances; providing
for license denial, revocatio n and suspension;
providing for penalties; author izing persons to
request an administrative heari ng; providing
statutory reference; requir ing the Department to
provide decision at the concl usion of hearing;
prohibiting certain persons from operating as mob ile
food vendors; authorizing persons to appeal h earing
decision; providing preemption of politic al
subdivisions; stating the act shall no t be construed
to compel political subdivisions to take certain
actions; amending 63 O.S. 2011, Section 1 -1118, as
last amended by Section 1, Chapter 505, O.S.L. 2019
(63 O.S. Supp. 2020, Section 1-1118), which relates
to food establishment licenses; addin g exemption;
providing for codification; and provid ing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A n ew section of law to be codi fied
in the Oklahoma Statutes as Section 1-1150 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited a s the “Mobile Food
Vendor Act”.
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SECTION 2. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 1-1151 of Title 63, unless t here
is created a duplication in numbering, reads as follows:
As used in the Mobile Food Vendor Act:
1. “Customer” means any person with whom a mobile food vendor
conducts his or her mobile vending busine ss, or any person who stops
to contemplate conducti ng such business with a mobile food vendor;
2. “Department” means the State Depa rtment of Health;
3. “Food vending vehicle” means any motorized, two -axle vehicle
used to sell food and beverages by a mobi le food vendor;
4. “Local authority” means any local government including any
town, city, charter city, political subdivision or co unty;
5. “Mobile food vendor” means any person who dispenses food or
beverages from a food vending vehicle for immediate se rvice or
consumption;
6. “Person” means any individual, group of individuals, firm,
partnership, company, corporation, trustee, ass ociation or any
public or private entity and includes the entity ’s employees or
agents;
7. “Prepackaged food” means any commercially labeled and
processed food prepackaged to prevent direct human contact with the
food product upon distribution from the ma nufacturer, a food
facility or other approved source;
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8. “Public property” means any property owned and operated by
this state or a local authority for the benefit of the pub lic and
includes all rights-of-way contained wholly within any state or
local authority parks; and
9. “Sell” means to transfer or exchange for value, to expose,
display or offer for sale or exchange, or t o procure, store, keep or
have on hand or in one ’s possession or control for the purpose of
selling.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1152 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. No person may operate as a mobile food vendor in this state
without obtaining a mobile food vending license from the State
Department of Health. A separate mobi le food license shall be
required for every food vending vehicle used by a mobile food
vendor.
B. No local authority may prohibit a mobile food vendor from
lawfully operating in its jurisdiction if the vendor holds a mobile
food vending license and is in compliance with all other state laws
and local laws not in conflict with this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1153 of Title 63, unless there
is created a duplication in numbering, reads as follows:
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A. The State Department of Health shall prepare a written
application for a statewide mobile food vending license. The
Department shall mak e the mobile food vending license application
available to applicants in person and on the Department’s website.
B. The Department shall require an applicant to provide the
following information, under oath, before issuing a license:
1. The name, permanent address and telephone number of the
applicant;
2. The name, address and telephone number of any associated
entities or organizations that the applicant is representing and
copies of documents verifying that relationship ;
3. A listing of all primary re sidences for the last five (5)
years;
4. A statement of whether any employees or a gents will operate
with the applicant und er the license and whether the employees or
agents hold a current food safety certification;
5. The nature of the food or beverages to be offered by the
applicant; and
6. A statement of whether the applicant has p reviously been
denied a license to operat e as a mobile food vendor or if the
applicant has had a previous mobile food vending license suspended
or revoked in any state or lo cal jurisdiction and, if so, the
reasons or the circumstances surrounding the denia l, suspension or
revocation.
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C. In addition to the written application, the Department shal l
require an applicant who will operate from a food vending vehicle to
provide the following:
1. A listing of all vehicle license numbers, vehicle
descriptions, vehicle identification numbers and vehicle
registration papers;
2. Proof of automobile insura nce for the vehicle or vehicles
from which the applicant proposes to conduct busi ness; and
3. A copy or proof of any additional licenses or permits
required by this state for certain commercial vehicles.
D. Any person who drives a food vending vehicle sh all hold a
current driver license to drive the food vending vehicle.
E. The applicant shall complete the application form and abide
by any request for information required by this act made by the
Department. The applicant may submit one application for a ll
vehicles which require a license. Failure to submit a complete
application form and provide all requested information may result in
denial of a license.
F. Within thirty (30) days of receiving a compl ete application,
the Department, or a local authori ty acting under a collaborative
agreement pursuant to Section 6 of this act, shal l conduct a health
inspection, if required by the Department, prior to issuing a mo bile
food vending license. The purpose o f the inspection is to ensure
the applicant’s vehicle is safe for preparing, handling and selling
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food to customers and the applican t is compliant with applicable
regulations.
G. The Department may establish a reas onable schedule of fees
not to exceed Two Hundred Dollars ($200.00) for a mobile food
vending license or for renewal of a mobile food vending license.
The Department may al so establish an inspection fee that covers the
average cost of conducting health in spections for the vendor and
charge that fee in conjunction with a mobile food vending licen se
fee or the renewal fee of a mobile food vending license.
H. Upon a receipt of a complete application and an applicant
passing initial inspection if required by the Department, the
Department shall issu e a mobile vending license to the applicant.
Licenses shall be valid for one (1) year.
I. Licenses are not transferable, nor shall a license authorize
the activities of any person other than the person to whom it is
issued, except that the sale of the sp ecific vehicle identified in a
license application, when replaced by another vending vehicle on a
one-for-one basis, will not invali date the original license nor
cause a new license to be required. When replacing a vending
vehicle on a one-for-one basis, the licensee shall notify the
Department of the inf ormation required by subsection C of this
section. If the Department determines an inspection of the new
vehicle is required, the inspection shall take place as so on as
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practicable but no later than fourt een (14) calendar days from
receipt of the informat ion required by subsection C of this section.
J. If a mobile food vendor transfe rs its mobile food vending
business assets, the recipient of the assets shall, befo re operating
in the state, apply for and obtain a new mobile food vending
license.
K. Licenses shall be renewed on an annual basis. The
Department shall send notice to the licensee. It is the
responsibility of the licensee to submit the renewal applicat ion
annually, at least fourteen (14) days prior to the license’s
expiration date. While an application for renewal is pending with
the Department, a licensee may continue m obile food vending
operations.
L. It shall be a misdemeanor for any individual to
intentionally provide false information o r to intentionally omit
requested information on an application for any license issued
pursuant to this act.
M. The Department shal l prepare a guide for applicants for a
mobile food vending license. The guide shal l include instructions
for applying for, obtaining and maintaining a mobile food vending
license and shall describe the standards used to inspect food
vending vehicles. The guide shall be made available for applicants
in person at the Department ’s office and on the Department’s
website.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -1154 of Title 63, unles s there
is created a duplication in numbering, reads as follows:
A. Mobile food vendors shall follow all state and local la ws
and regulations governing operations in the juri sdiction where the
vendor is operating including without limitation all fire code s,
zoning codes, occupational tax codes and any other applicable state
and local authority codes and laws not in conflict wi th the
provisions of this act.
B. A mobile food ve ndor may operate in the following locations:
1. On public property, except as pr ovided in paragraph 3 of
subsection A of Section 7 of this act, so long as the vend ing
vehicle is not parked within twenty ( 20) feet of an intersection. A
mobile vendor may operate from legal parking spaces on the public
right-of-way including metered spa ces upon payment of appropriate
fees. When operating on public property, a mobile vendor is subject
to the same parking rul es, restrictions and obligations that a
commercial vehicle would be subject to if not used by a mobile food
vendor; and
2. On private property under the following circumstances:
a. the property is located in an ind ustrial, commercial
or institutional zoni ng district, and the vendor has
permission of the property owner or designee or a
lessor, and
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b. the property is located in a reside ntial zoning
district, and the mobile food vendor has been invited
by a resident or group of residents in that district
to operate on their property for the purpose of
serving food to that resident, group of residents or
their guests.
C. A mobile food ven dor shall not operate in any manner which
will interfere with or obstruct the free passage of pedestrians or
vehicles along any street, sidewalk or parkway.
D. When operating, a mobile food vendor shall:
1. Maintain a food vending vehicle in good operati ng order and
visual appearance including the removal of any graffiti that is not
part of the overall design or art featured on the vehicle;
2. Park so that its service window faces the sidewalk or away
from the street if the vehicle is parked along a stre et;
3. Serve customers through a service window;
4. Provide a waste receptacle fo r customers which is clearly
visible and request its use by customers;
5. Remove and dispos e of all refuse within twenty -five (25)
feet of the vendor’s operating area at th e conclusion of operation;
6. Submit to and pass any required health inspections; and
7. Display the mobile food vendor li cense and required
inspection certificates or permi ts in a conspicuous location for
public view.
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E. The State Department of Health may promulgate rules to
enforce the provisions of this act. Rules adopted shall no t:
1. Require a mobile food vendor to op erate a specific distance
from the perimeter of an existing commercial establishment;
2. Require a mobile food vendor to enter into any agreement
with a commercial establishment;
3. Restrict the operating hours of a mobile food vendor;
4. Require a mobile food vendor that does not prepare food to
have a handwashing sink in his or her food vending vehicle;
5. Require a mobile food v endor to associate with a commissary
if the vendor carries all the equipment necess ary to comply with
health and safety stan dards and all applicable regulations;
6. Limit the number of mobile food vendor licenses issued ;
7. Require a mobile food vendor t o obtain any additional
permits from a local authority, unless the mobile food vend or seeks
to operate in a local, public pa rk;
8. Require a mobile food vendor to be fingerpr inted;
9. Require a mobile food vendor to install a GPS tracking
device on the vendor’s vehicle;
10. Require a mobile food vendor to stay in constant motion
except for when serving customers;
11. Require a mobile food vendor to maintain insurance that
names a local authority as an additional insured unless the vendor
is attending an event sponsored by the local authority; and
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12. Require a mobile food vendor to s ubmit to inspections
beyond health inspec tions conducted by the Department or by a local
authority under a collaborative agreement with the Department,
unless the Department is investigating a reported foodborne illness .
SECTION 6. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Se ction 1-1155 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Mobile food vendors shall adhere to all laws and regulations
of the Oklahoma Admin istrative Code pertaining to the preparat ion
and handling of food.
B. Any person preparing food or beverages in a food vending
vehicle shall hold a current food safety cert ification recognized by
this state. At all times at least one person working in a food
vending vehicle must hold a current food safety certification
recognized by this state.
C. Upon receipt of a complete license application, the State
Department of Health shall classify a mobile food vendor into one of
the following three classificati ons for the purpose of conducting
inspections:
1. If a vendor dispenses p repackaged foods or non-
time/temperature control for safety food, as defined in 310:257 -1-2
of the Oklahoma Administrative Code, beverages or poses a low risk
of harm to the public, it shall be classified as a Mobile Food T ype
I Vendor;
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2. If a vendor dispenses food that requires limited handling
and preparation, it shall be classified as a Mobile Food Type II
Vendor; and
3. If a vendor prepares, cooks, holds and serves food from th e
vehicle, it shall be classified as a Mo bile Food Type III Vendor.
D. The Department shall specify the categories of foods or
beverages that mobile vendors in each classif ication may serve. If
a mobile food vendor seeks to serve food or beverages that m ay
require the vendor to be reclassified, the mobile food vendor shall
notify the Department of the nature of the food or beverages to be
sold, and the Department shall recl assify the mobile food vendor.
E. For the purpose of protecting public health and safety, the
Department shall ensure that mobile food vendors are inspected on an
ongoing, randomized basis pursuant to the frequency set forth in
subsection I of this section based on their classification and
inspection grade. The Department, upon a local authority’s request,
may enter into a collaborative agreement with the lo cal authority
for conducting health inspections. The Department shall reimburse
the local authority acting under a collaborative agreement for the
cost of conducting inspections usi ng funds from inspection fees
collected from licensees pursuant to subsection K of this section.
F. The Department shall establish and maintain a statewide
database for the Department and local authorities to record and
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reference the names of licensees, i nspections, inspection reports
and public complaints.
G. Health inspections shall be conducted by the Department
or a local authority acting under a collaborative agreement using
statewide inspection criteria and a score -based grading system
established by the Department based on objective facto rs. The
inspection criteria shal l provide a letter-grade format that rates
the vendor with an “A,” “B,” “C” or “F” grade, based on the score
received during the inspection. If a vendor receives two
consecutive “A” grades, it shall be given a certificate of
excellence. If a vendor recei ves an “F” grade, the Department may
suspend the mobile food vendor ’s license until the mobile food
vendor corrects the violations.
H. Upon completion of an inspection, the Departme nt, or local
authority operating under a collaborative agreement, shall issue a
certificate to the mobile food vendor displaying the vendor ’s letter
grade or achievement of excellence and record the grade in the
Department’s database. The mobile food vend or shall display its
certificate indicati ng its letter grade or achievement of excellence
in a conspicuous place for public view.
I. Health inspections shall occur on a ran domized basis,
pursuant to the following frequency, based on the mobile food
vendor’s classification:
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1. A Mobile Food Type I Vendor shall be inspected only upon the
Department or a local authority being notified of a public health or
safety complaint reg arding the vendor. If the inspection reveals a
violation of law or rule, the vendo r shall become subject to
inspections at the frequency set for a Mobile Food Type II Vendor
until the vendor obtains a certificate of excellence;
2. Mobile Food Type II Ven dors shall be inspected once per
calendar year. If a Mobile Food Type II Vendor re ceives a
certificate of excellence, it sh all become subject to inspections at
the frequency set for Mobile Food Type I Vendors. If a Mobile Food
Type II Vendor holding a ce rtificate of excellence receives a score
lower than an “A” on a subsequent inspecti on, the vendor shall lose
its certificate of excellence and return to bein g inspected once per
year; and
3. Mobile Food Type III Vendors shall be inspected twice per
calendar year. If a Mobile Food Type III Vendor receives a
certificate of excellence, it shall be inspected at the frequency
set for Mobile Food Type II Vendors. If a Mobile Food Type III
Vendor holding a certificate of excellence receives a score lower
than an “A” on a subsequent inspection, the vendor shall lose its
certificate of excellen ce and return to being inspected twice pe r
calendar year.
J. The Department, or local authority acting under a
collaborative agreement, shall notify a mobile food vendor by phone
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or by First-Class Mail, with a return receipt requested, of its
intent to inspect the food vending vehicle within thi rty (30) days
following the delivery of the notice. The mobile food vendor may
request the Department or local authority obtain an administrative
warrant prior to conducting an inspection. Upon receipt of notice
of an inspection, the mobile food vendor s hall provide the locations
where the vendor can be located for an inspection if requested by
the Department or local authority.
K. The Department shall calculate the average cost of providing
notice of and conducti ng a health inspection. If the Departmen t has
entered into a collaborative agreement with a local authority, the
Department shall consult with the local authority and deter mine the
average cost of providing notice of and conducting health
inspections in that jurisdiction. The Department shall c harge the
mobile food vendor an i nspection fee at the time the mobile vendor
applies for or renews a license, based on the average c ost of
providing notice of and conducting an inspection, multiplied by the
number of annual inspections required for the upc oming year as
required by this section. A mobile food vendor may request
reimbursement for an inspection that was not conducted at the
expiration of its mobile vending license or when the vendor renews a
license. The Department shall reimburse the vendor for any
inspection that was not conducted in the previous year within thirty
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(30) calendar days following receipt of a mobile food vendor’s
request.
SECTION 7. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 1-1156 of Title 63, unle ss there
is created a duplication in numbering, reads as follows:
A. The local authority may regul ate state-licensed mobile food
vendors in accordance with this act. In relation to a state-
licensed mobile food vendor ’s operations, a local authority may:
1. Impose operating hours only if they are the same as the
operating hours imposed on commercial b usinesses;
2. Restrict the operation of noisemaking devices during certain
hours of day;
3. Restrict a mobile food vendor from operating in a public
park or require a special permit and payment of fees to operate in a
public park;
4. Prohibit a mobile f ood vendor that is operating on private
property from blocking ingress or egress fr om that property;
5. Develop a mobile fo od vendor metered parking pass fo r a fee
that permits a mobile food vendor to operate from metered parking
spaces for longer than th e vendor would otherwise be permitted;
6. Investigate reports of foodborne illness es;
7. Report a mobile food vendor ’s suspected violation of this
act to the State Department of Health and recommend the Department
suspend or revoke a mobile food vending license; and
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8. Issue citations and penalties to mobile food vendors for
violations of local law not inconsistent with the provisions of this
act.
B. In relation to a state-licensed mobile food vendor ’s
operations, a local authority may not:
1. Prohibit or restrict a mobile food vendor from operating in
a lawful manner provided for in this act;
2. Require a mobile food vend or to receive any kind of special
permit from a local authority in addition to the mobile food vending
license or permit to operate as a commercial vehicle, unless the
mobile food vendor seeks to operate in a public park;
3. Restrict the duration of time a mobile food vendor may
operate on private property in industrial, commercial or
institutional zoning districts;
4. Require a mobile food vendor to operate a specific distance
from commercial food or retail establ ishments;
5. Require a mobile food vendo r to be fingerprinted;
6. Require a mobile food vendor to install a Global Positioning
System (GPS) tracking device on its vehicle;
7. Require a mobile food vendor to stay in constant motion
while serving customer s;
8. Require a mobile food vendor to ma intain an insurance policy
that names the local authority as an additional insured unless the
vendor is attending an event sponsored by the local authority;
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9. Require a mobile food vendor to submit to inspections beyond
health inspections conducted under a collaborative agreement with
the Department, unless the local authority is investigating a
reported foodborne illness ;
10. Require a mobile food vendor to enter into any agreement
with a commercial establishment or restaurant;
11. Regulate the equipme nt requirements for a food vendin g
vehicle; and
12. Require a mobile food vendor to associate with a commissary
if the vendor has all the equipment necessary to comply with all
regulations pertaining to food establ ishments.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -1157 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The State Department of Health or a l ocal authority may
investigate a mobile f ood vendor upon reasonable suspic ion the
vendor has violated the law or upon receipt of a health or safety
complaint. Any complaint shall be recorded in the state’s mobile
vending database. The local authority sha ll report suspected
violations of law to the Department and may recommend the Department
suspend or revoke a mobile food vending license.
B. The mobile food vendor shall co operate with the Department
or local authority during an investigation. Failure to cooperate
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with the Department or local a uthority may result in suspension or
revocation of a license.
C. Nothing in this act shall be construed to impede the
Department or local authority in any investigation of a reported
foodborne illness.
SECTION 9. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 1-1158 of Title 63, unless there
is created a duplication in numbering , reads as follows:
A. A license issued under this act may be denied, suspended or
revoked by the State Department of Healt h for the following reasons:
1. Fraud, misrepresentation or a false statement contained in
the application for a license;
2. Fraud, misrepresentation or a false statement made in
connection with the selling of foo d or beverages;
3. Any facts or conditio ns which would justify the denial of
the original application;
4. Three (3) or more violations of this act within a period of
twelve (12) months; and
5. The receipt of an “F” grade during an inspection or an
investigation in response to a complaint .
B. Any person who has been notified regarding the denial of
their mobile food vending application or the possible suspension or
revocation of their mobile food vending license may request an
administrative hearing in a ccordance with the Administrative
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Procedures Act within fourteen (14) cale ndar days of receipt of the
notice. Other than as described in subsection C of this section, no
license shall be suspended or revoked prior to a hearing if a mobile
food vendor requests a hearing within the fourteen -day period
required. Upon receipt of a request for a hearing, the Department
shall hold a hearing within fourteen (14) calendar days and issue
findings of fact, conclusions of law and a decision at the
conclusion of the hearing.
C. When circumstances demonstra te that continued operation by a
mobile vendor poses an imminent threat to the public ’s health and
safety, the Department may immedi ately suspend or revoke a mobile
food vending license. The mobile food vendor may request a hearing
regarding the suspensio n or revocation within fourteen ( 14) calendar
days of receiving notice of the suspension or revocation. Any
hearing regarding the s ummary suspension or revocation of a license
shall be given priority over all poten tial license denial,
suspension or revoca tion proceedings and shall be hel d within seven
(7) calendar days from the date the Department receives a mobile
food vendor’s request for a hearing, and the Department shall issue
findings of fact, conclusions of l aw and a decision at the
conclusion of the hearing.
D. It shall be a misdemeanor for a licensee whose license has
been suspended or revoked to continue business operations. If the
Department suspends or revokes a mobile vending license, the mobile
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vendor shall immediately surrender the license to the Department.
The Department may issue civil penalties to a person who operates as
a mobile food vendor without a license, wit h a suspended license or
after a license is revoked.
SECTION 10. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 1-1159 of Title 63, unless there
is created a duplication in numbering, reads as follows :
A person aggrieved by an agency decision following a hearing has
the right to appeal the decision in accordance with the p rovisions
of the Administrative P rocedures Act.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1160 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act preempts local authorities from prohibiting mobile food
vending and regulating mobile food vending in a way that conflicts
with the provisions of this act.
SECTION 12. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 1-1161 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall not be construed to require a local authority to
enter into a collaborative agreement wit h the State Department of
Health to conduct health inspections, to adopt a program regulating
mobile food vendors or to modify its existing program regulating
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mobile food vendors; provided, the regulations do not conflict with
the provisions of this act.
SECTION 13. AMENDATORY 63 O.S. 2011, Section 1-1118, as
last amended by Section 1, Chapter 505, O.S.L. 2019 (63 O.S. Supp.
2020, Section 1-1118), is amended to read as follows:
Section 1-1118. A. It shall be unlawful for any perso n to
operate or maintain any establishmen t, stationary or otherwise,
where food or drink is offered for sale, or sold, to the public,
unless the person is the holder of a fo od establishment license
issued for such purpose by the State Commissioner of Healt h or
designee. A food establishment lice nse shall not be required for:
1. A produce stand that offers only whole, uncut and
unprocessed fresh fruits, melons, vegetables and legumes and/or
whole uncracked and unprocessed nuts;
2. A manufacturer, wholesal er or broker of food licensed
pursuant to Section 1-1119 of this title;
3. A kitchen in a private home if only food that does not
require time and temperature control for safety is prepared for sale
or service at a function such as a nonprofit civic, char itable or
religious organization ’s bake sale;
4. An area where food that is prepared as specified in
paragraph 3 of this subsection is sold or offered for huma n
consumption;
5. A private home that receives catered or home -delivered food;
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6. A hotel licensed pursuant to Section 1 -1201 of this title
which provides limited food service in compliance with rules
promulgated by the State Board of Health;
7. A kitchen in a private home or in a bed and breakfast that
prepares and offers food to guests, if the h ome is owner-occupied,
the number of available guest bedrooms does not exc eed three, and
breakfast is the only meal offered;
8. A nonprofit civic, charitable o r religious organization
using unpaid individuals to prepare or serve food on its behalf, for
occasional fund-raising events sponsored an d conducted by the
organization. For the purposes of this paragraph, an “occasional
fund-raising event” shall be defined as an event that occurs four
times a year or less;
9. Day care centers or family day care ce nters, and all other
child care facilitie s as defined and licensed pursuan t to the
provisions of the Oklahoma Child Care Facilities Licensing Act;
10. Nursing facilities and specialized facilities, as defined
in and licensed pursuant to the provisions of the Nursing Home Care
Act, residential care homes as defined by the Reside ntial Care Act,
adult day care centers as defined by the Adult Day Care Act, and
assisted living centers and continuum of care facilities licensed
pursuant to the Continuum of Care a nd Assisted Living Act; and
11. Other establishments exempted from food e stablishment
licensure pursuant to state law ; and
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12. Mobile food vendors licensed pu rsuant to Section 3 of this
act.
B. Each license shall expire one (1) year following the date o f
its issuance. The State Department of Health shall charge and
collect for each such license an annual fee to be fixed by the State
Board of Health.
1. The Board may provide by rule for a fee-exempt license for a
food establishment operated by a nonprof it, civic, charitable or
religious organization that uses unpaid persons t o sell or offer
food on a more frequent basis than the occasional fund -raising
event. A fee-exempt license shall not expire but shall remain in
full force and effect until affirmati vely revoked, suspended,
annulled or withdrawn by the Department in accord ance with
applicable law.
2. The Board may by rule also provide that licenses for
establishments serving events of limited duration or operating on a
seasonal basis shall extend onl y for the term of the event or
season, and may by rule adjust the fees for such licenses
accordingly.
3. The Board shall provide by rule a three -day license for
vendors who only sell at farmers markets as defined in 310:257 -1-2
of the Oklahoma Administrat ive Code or at county fairs. Licenses
for vendors who only sell at farmers markets or county fairs shall
not exceed Fifty Dollars ($50.00). Vendors who do not sell food and
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vendors who meet the exceptions provided in subsection A of this
section shall not be required to obtain a three -day license or a
food establishment licens e.
C. The State Board of Health shall promulgate reasonable
standards and rules for s anitation of establishments required to be
licensed, which shall include the following: building s, vehicles,
and appurtenances thereto , including plumbing, ventilation an d
lighting; construction, cleanliness and bactericidal treatment of
equipment and utensils; cleanliness, wholesomeness, storage and
refrigeration of food and drink sold or served; cl eanliness and
hygiene of personnel; toile t facilities; disposal of waste; water
supply; and other items deemed necessary to safeguard the health,
comfort, and safety of customers.
SECTION 14. This act shall become effective November 1, 202 1.
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