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SENATE FLOOR VERSION
March 1, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 185 By: Bergstrom
[ food - mobile food vendors - application - health
inspection - fee schedule - license - rules -
regulations - operational standards - restrictions -
certification - penalty - inspections - licenses -
exemption - codification - effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Section 1 -1151 of Title 63, unless there
is created a duplicati on in numbering, reads as follows:
This act shall be known an d may be cited as the “Mobile Food
Vendor Act”.
SECTION 2. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 1 -1152 of Title 63, unless there
is created a duplication in numb ering, reads as follows:
As used in this act:
1. “Customer” means any person with whom a mobile food vendor
conducts his or her mobile vending business, or any person who sto ps
to contemplate conducting such business with a mobile food vendor;
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2. “Department” means the State Department of Health;
3. “Food vending vehicle ” means any mobile unit used to sell
food and beverages by a mobile food vendor;
4. “Mobile food vendor” means any person who dispenses food or
beverages from a food vending vehicle for consumption;
5. “Prepackaged food” means any commercially labeled and
processed food prepackaged to prevent direc t human contact with the
food product upon distribution from the manufacturer, a food
facility, or other approved source;
6. “Sell” means to transfer or exchange for value, to expose,
display, or offer for sale or exchange, or to procure, store, keep
or have on hand or in one’s possession or control for the purpose of
selling; and
7. “Vendor” means any person or entity who sel ls food out of a
mobile vending unit.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as S ection 1-1153 of Title 63, unless there
is created a duplication in numbering, reads as follows:
All mobile food vendors must obtain a mobil e food vending
license from the State Department of Health. A separate mobile food
vendor license shall be required for every food vending vehicle used
by a mobile food vendor.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -1154 of Title 63, unless there
is created a duplication in numb ering, reads as follows:
A. The State Department of Health shal l make a mobile food
vendor license application available to applicants on the
Department’s website.
B. The Department shall require the following information in a
mobile food vendor application:
1. The name, permanent address, telephone number, and emai l
address of the applicant;
2. Information pertaining to the nature of the food or
beverages to be offere d by the applicant; and
3. A list of the vehicle descriptions and license plate numbers
for all vehicles directly related to the mobile food vending
business.
C. Any person who drives a food vending vehicle shall hold a
current driver license to drive the fo od vending vehicle.
D. The applicant shall complete the application form and abide
by any request for information required by this act made by th e
Department.
E. The Department or designee shall confirm completeness of the
application, collect the license fee, and conduct a health
inspection prior to issuing a mobile food vend or license.
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F. The State Commissioner of Health may establish a reasona ble
schedule of fees not to exceed:
1. Two Hundred Dollars ($200.00) for an initial mobile food
vendor license; and
2. One Hundred Seventy-five Dollars ($175.00) for annual
renewal of a mobile food vendor license.
G. Upon receipt of a complete, approved application, fees, and
a passed initial health inspection, the Department shall issue a
mobile vendor license to the applicant. The license shall be valid
for one (1) year from the date of issuance.
H. Licenses are not transferable, and a license shall not
authorize activities of any person other than the person to whom it
is issued.
I. The Commissioner may promulgate rules to allow for a mobile
unit to keep an existing license when purchasing a differen t mobile
unit for the purposes of the existing lic ense. The licensee shall
submit to a health inspection of the new vehicle prior to beginning
operations.
J. It is the responsibility of the licensee to submit a renewal
application annually, at least four teen (14) days prior to the
expiration date of the license. While an application for renewal is
pending with the Department, a licensee may continue mobile food
vending operations until the expiration date of the license.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1155 of Title 63, unless there
is created a duplication in numb ering, reads as follows:
A. Mobile food vendors shall follow all state and local l aws
and regulations govern ing operations in the jurisdiction where the
vendor is operating including but not limited to all fire codes,
zoning codes, occupational tax codes , and any other applicable state
and local authority codes and laws not in conflict w ith the
provisions of this act.
B. A mobile food vendor may opera te in the following locations:
1. On public property, as long as the vending vehicle is not
parked within twenty (20) feet of an intersection. A mobile vendor
may operate from legal parking spaces on the public ri ght-of-way
including metered spaces upon payment of appropriate fees. When
operating on public property, a mobile vendor is subject to the same
parking rules, restrictions, and obligations that a commercial
vehicle would be subject to if not used by a mob ile food vendor; and
2. On private property located in an industrial, commercial, or
institutional zoning district if the vendor has permission of the
property owner or designee.
C. A mobile food vendor 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 foo d vendor shall:
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1. Maintain a food vending vehicle in good operating order and
visual appearance including the removal o f any graffiti that is not
part of the overall desig n or art featured on the vehicle;
2. Park so that its service window faces the sid ewalk or away
from the street if the vehicle is par ked along a street;
3. Serve customers through a service window;
4. Provide a waste receptacle for customers which is cl early
visible and request its use by customers;
5. Remove and dispose of all refus e within twenty-five (25)
feet of the vendor’s operating area at the conclusion of operation;
6. Submit to any required health inspections;
7. Display the mobile food vendor license in a conspicuous
location for public view ; and
8. Display the food vending vehicle ’s most recent inspection
report inside the food vending vehicle and provide such inspection
report to the Department or designee upon request.
E. The State Commissioner of Health may promulgate rules to
enforce the provisions of this act. Rules adopted shall not:
1. Require a mobile food vendor that does not prepare food to
have a handwashing sink in the food vending vehicle;
2. Require a mobile food vendor to associat e with a commissary
if the vendor carries all the equipment necessary to comply with
health and safety standards and all applicable regulations;
3. Limit the number of m obile food vendor license s issued;
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4. Require a mobile food vendor to obtain any addi tional
permits from a local authority, unless the mobile food vendor seeks
to operate in a local, public park;
5. Require a mobile food vendor to install a Global Positioning
System (GPS) tracking device on the food vending vehicle;
6. Require a mobile f ood vendor to stay in constant motion
except for when serving cu stomers;
7. Require a mobile food vendor to maintain insurance that
names a local authority as an additi onal insured unless the ve ndor
is attending an event sponsored by the local authority; or
8. Require a mobile food vendor to submit to inspections beyond
routine or complaint health inspections conducted by the Department
or designee unless the Department is investigating a report ed
foodborne illness.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 1-1156 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 Administr ative Code pertaining to the preparation
and handling of food.
B. Any person preparing food or beve rages in a food vending
vehicle shall hold a current food handler certification recognized
by this state. At all times at least one person working in a foo d
vending vehicle must hold a current food handler certification
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recognized by this state. Evidence of such certification shall be
presented at initial licensure and renewal .
C. Upon receipt of a complete license application, the State
Department of Health shall classify a mobile food vendor into one of
the three classifications described in this subsection.
1. A Mobile Food Type I Vendor may only serve unopened,
prepackaged food items and bottled or canned beverages. Type I
vendors shall be inspected p rior to initial licensure, upon receipt
of a complaint, and as necessary for follow-up inspections due to
cited violations.
2. A Mobile Food Type II Vendor may serve any food item or
beverage a Type I Vendor may serve, hot or cold items, or unpackaged
food, as long as the vendor is not cooking with raw meat. Type II
Vendors may assemble food in the mobile unit. Typ e II Vendors shall
be inspected prior to initial licensure, once per year for a routine
inspection, upon receipt of a complaint, and as necessary for
follow-up inspections due to cited violations.
3. A Mobile Food Type III Vendor may serve any food item or
beverage in accordance with applicable laws and regulations. Type
III Vendors shall be inspected prior to initial licensure, twice per
year for routine inspections, upon receipt of a complaint, and as
necessary for follow-up inspections due to cited violations.
D. The State Commissioner of Health shall specify
classification qualif ications in rule. If a mobile food vendor
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elects to expand the scope of the vendor’s service in a manner which
would affect the classification type of the food vending vehicle ,
the mobile vendor shall notify the Department. The Department shall
update the classification status of the food vending vehicle if
applicable and notify the mobile food vendor of the
reclassification. Failure to report a change in service which would
affect the classification type of a food vending vehicle may result
in the suspension or revocation of the mobile food vendor license.
E. Health inspections shall be conducted by the Department or
designee. Upon completion of an inspection, the Department or
designee shall issue a copy of the inspection report , which the
mobile food vendor shall post inside the food vending vehicle.
F. Licensed mobile food vendors shall present to the county
health department assigned to them for inspections. The State
Department of Health shall assign inspections to the county health
department closest to the licensee’s home unless otherwise agre ed
upon by the Department and licensee. Routine inspection frequency
shall be based on the mobile food vendor ’s classification under
subsection C of this section .
SECTION 7. 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:
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A. The State Department of Health may investigate a food
vending vehicle upon reasonable suspicion the mobile food vendor has
violated the law or upon receipt of a health or safety complaint.
B. If requested by the Department, a mobile vendor under
investigation or receiving a follow-up inspection by the Department
for noncompliance during previ ous inspections shall present the food
vending vehicle within five (5) calendar days to the county health
department location specified by the Department.
C. Failure to cooperate with an investigation by the Department
may result in suspension or revocati on of a license.
D. Nothing in this act shall be construed t o impede the
Department or a local authority in any investigatio n of a reported
foodborne illness.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 1 -1118, is
amended to read as follows:
Section 1-1118. A. It shall be unlawful for an y person to
operate or maintain any establishment, stationary or otherwise,
where food or drink is offered for sale, or sold, to the public,
unless the person is the holder of a food establishmen t license
issued for such purpose by the State Commissioner o f Health or
designee. A food establishment license shall not be required for:
1. A produce stand that offers only whole, unc ut and
unprocessed fresh fruits, melons, vegetables and legumes and/o r
whole uncracked and unprocessed nuts;
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2. A manufacturer, wholesaler or broker of food licensed
pursuant to Section 1 -1119 of this title;
3. A kitchen in a private home if only food th at does not
require time and temp erature control for safety is prepar ed for sale
or service at a function such as a nonprofit civi c, charitable 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 human
consumption;
5. A private home that receives catered or home-delivered food;
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 Commissioner of Health;
7. A kitchen in a private home or in a bed and breakfast that
prepares and offers food to gu ests, if the home is owner-occupied,
the number of available guest bedrooms does not exceed three, and
breakfast is the only m eal offered;
8. A nonprofit civic, charitable or religious organizat ion
using unpaid individuals to prepare or serve food on its behalf, for
occasional fund-raising events sponsored and conducted by the
organization. For the purposes of this paragraph, a n “occasional
fund-raising event” shall be defined as an event that o ccurs four
times a year or less;
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9. Day care centers or fami ly day care centers, and all other
child care facilities as defined and licensed pursuant to the
provisions of the Oklahoma Ch ild Care Facilities Licensing Act ;
10. Nursing facilities and specia lized facilities, as defined
in and licensed pursuant to the provisions of the Nursing Home Care
Act, residential care homes as defined by the Residential Care Act,
adult day care centers as defined by the Adult Day Care Act, and
assisted living centers an d continuum of care facilities licensed
pursuant to the Conti nuum of Care and Assisted Living Act; and
11. Other establishments exempted from food establishment
licensure pursuant to sta te law; and
12. Mobile food vendors lic ensed under this act.
B. Each license shall expire one (1) year followin g the date of
its issuance. The State Department of Health shall charge and
collect for each such license an annual fee to be fixed by the Stat e
Commissioner of Health.
1. The Commissioner may provide by rule for a fee-exempt
license for a food establish ment operated by a nonprofit, civic,
charitable or religious organization that uses unpaid persons to
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 affirmatively revoked,
suspended, annulled or withdrawn by the Department in accordance
with applicable law.
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2. The Commissioner may by rule also provide that licenses for
establishments serving events of limited duration or operating on a
seasonal basis shall extend only for the term of the event or
season, and may by rule adjust the fees for such licenses
accordingly.
3. The Commissioner shall promulgate rules to define farmers
markets and provide by rule for a three-day license for vendors who
only sell at farmers markets as defined in 310:257 -1-2 of the
Oklahoma Administrative 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
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 license.
4. The Commissioner shall provide by rule a multiseasonal
license for snow cone stands that sell hot beverages in addition to
snow cones. A snow cone stand that does n ot sell hot beverages
shall be considered a seasonal food establishment.
C. The State Commissioner of Health shall promulgate reas onable
standards and rules for sanitation of establishments required to be
licensed, which shall include the following: buildings, vehicles,
and appurtenances thereto, including plumbing, ventilation and
lighting; construction, cleanliness and bactericida l treatment of
equipment and utensils; cleanliness, wholesomeness, storage and
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refrigeration of food and drink sold or served ; cleanliness and
hygiene of personnel; toilet facilities; disposal of waste; water
supply; and other items deemed necessary to saf eguard the health,
comfort, and safety of customers.
SECTION 9. This act shall become effective July 1, 2023.
SECTION 10. It being immediately necessary for the preservation
of the public peace, healt h or safety, an emergency is hereby
declared to exist, by reason whe reof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 1, 2023 - DO PASS AS AMENDED BY CS