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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 185 By: Bergstrom
AS INTRODUCED
An Act relating to public health and safety ; creating
the Mobile Food Vendor Act; d efining terms; requiring
persons who operate as mob ile food vendors to obtain
a license; prohibiting political subdivisions from
restricting certain vendors; requiring the State
Department of Health to prepare and ma ke available a
license application; auth orizing the Department to
require certain informati on; authorizing the
Department to require certain information by
individuals under oath; requiring applicants to abide
by requests for information; providing conditi ons for
denial of license; requiring the Department or a
political subdivision to conduct a n inspection;
stating purpose of inspection; authorizing the
Department to establish a fee; requiring the
Department to issue a license under certain
conditions; prohibiting transfer of license;
providing exception to invalidation of license;
providing for renewal of license; requiring the
Department to submit notice of expiration; making it
a crime to knowingly provide false information;
requiring the Department to c reate and make available
a guide; requiring mobile food vendors to follow all
laws not in conflict with this act; providing
locations to operate mobile food trucks; requiring
certain operational standards; requiring display of
license and certification; au thorizing the State
Commissioner of Heal th to promulgate rules that
adhere to certain restr ictions; requiring mobile food
vendors to follow laws and regulations regarding food
handling and safety; requiring possession of a state -
recognized food safety cert ification; requiring the
Department to classify mobile food vendors; requiring
inspections at a frequency based on classifications;
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 inspection;
authorizing mobile food vendors to request the
Department to obtain an administrative warrant;
requiring the Department to cal culate average
inspection costs; stating limit on fees for
inspection; authorizing reimburs ement of inspection
fees under certain circumstances; authorizing
political subdivisions to regulate certain aspects of
operations; prohibiting political subdivision s from
regulating certain aspects of ope rations; authorizing
the Department and political s ubdivisions to
investigate under certain circumstances; providing
for license denial, revocation and suspension;
providing for penalties; authorizing persons to
request an administrative hearing; providing
statutory reference; requiring the Department to
provide decision at the conclusion of hearing;
prohibiting certain persons from operating as mobile
food vendors; authorizing persons to appeal hearing
decision; providing preemption of political
subdivisions; stating the act shall not be construed
to compel political subdivisions to take certain
actions; amending 63 O.S. 2021, Section 1 -1118, which
relates to food establishment licenses; adding
exemption; providing fo r codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -1150 of Title 63, unles s there
is created a duplication in numb ering, reads as follows:
This act shall be known an d may be cited as the “Mobile Food
Vendor Act”.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -1151 of Title 63, unless there
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 business, or any person who sto ps
to contemplate conducting such busine ss with a mobile food vendor;
2. “Department” means the State Department of Health;
3. “Food vending vehicle ” means any motorized, two -axle vehicle
used to sell food and beverages by a mobile food vendor;
4. “Local authority” means any local government including any
town, city, charter city, political s ubdivision or county;
5. “Mobile food vendor” means any person who dispenses food or
beverages from a food vending vehicle for immediate service or
consumption;
6. “Person” means any individual, group of individuals, firm,
partnership, company, corporati on, trustee, association 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 direc t human contact with the
food product upon distribu tion from the manufacturer, 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 public and
includes all rights-of-way contained wholly within any st ate or
local authority parks; and
9. “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.
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 mobile food license shall be
required for every foo d 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 codi fied
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 make 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 residences for the last five (5)
years;
4. A statement of whether any employees or agents will operate
with the applicant un der the license and whether the employees or
agents hold a current food safety certification;
5. The nature of the f ood or beverages to be offered by the
applicant; and
6. A statement of whether the applicant has previously been
denied a license to opera te as a mobile food vendor or if the
applicant has had a previous mobile food vending license suspended
or revoked in any state or local jurisdiction and, if so, the
reasons or the circumstances surrounding the denial, suspension or
revocation.
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C. In addition to the written application, the Department shall
require an applicant who will operate from a food vending vehic le 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 insurance for the ve hicle or vehicles
from which the applicant proposes to conduct business; 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 shall hold a
current driver license to drive the food vending vehic le.
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 all
vehicles which require a license. Failure to submit a complet e
application form and provide all requested information may result in
denial of a license.
F. Within thirty (30) days of receiving a comp lete application,
the Department, or a local authority acting unde r a collaborative
agreement pursuant to Section 6 o f this act, shall conduct a health
inspection, if required by the Department, prior to issuing a mobile
food vending license. The purpose of 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 applicant is compliant with applicable
regulations.
G. The Department may establish a reasonable schedule of fees
not to exceed Two Hundred Dollars ($200.00) for a mobile food
vending license or f or renewal of a mobile food vending license.
The Department may also establish an inspection fee that covers the
average cost of conducting health inspections for the vendor and
charge that fee in conjunction with a mobile food vending license
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 iss ue a mobile vending license to the applicant.
Licenses shall be valid for one (1) year.
I. Licenses are not transfe rable, 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 s pecific vehicle identified in a
license application, when replaced by another vending vehicle on a
one-for-one basis, will not invalidate 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 information requi red by subsection C of this
section. If the Depart ment determines an inspection of the new
vehicle is required, the inspection shall take place as soon as
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practicable but no later than four teen (14) calendar days from
receipt of the information required b y subsection C of this section.
J. If a mobile food vendor transfers its mobile food vending
business assets, the recipient of the assets shall, before operating
in the state, apply for and obtain a new mobile food vending
license.
K. Licenses shall be r enewed on an annual basis. The
Department shall send notice to the licensee. It is the
responsibility of the licensee to submit the renewal application
annually, at least fourteen (14) day s prior to the license ’s
expiration date. While an application fo r renewal is pending with
the Department, a license e may continue mobile food vending
operations.
L. It shall be a misdemeanor for any individual to
intentionally provide false information or to intentionally omit
requested information on an application f or any license issued
pursuant to this act.
M. The Department shall prepare a guide for applicants for a
mobile food vending license. The guide shall 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 cod ified
in the Oklahoma Statutes as Section 1 -1154 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Mobile food vendors shall follow all state and local l aws
and regulations governing operations in the jurisdiction where the
vendor is operating including without limitati on 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 proper ty, except as provided in paragraph 3 of
subsection A of Section 7 of this act, so long as the vending
vehicle is not parked within twenty (20) feet of an intersection. A
mobile vendor may operate from le gal parking spaces on the public
right-of-way including metered spaces upon payment of appropriate
fees. When operating on public property, a mobile vendor is subject
to the same parking ru les, 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 industrial, commercial
or institutional zoning 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 residential 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 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:
1. Maintain a food vending vehicle in good operating order and
visual appearance including the removal of 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 and pass any required health inspections; and
7. Display the mobile food vendor license and required
inspection certificates or permits in a conspi cuous location for
public view.
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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 to operate a specific distance
from the perimeter of an existing com mercial establishment;
2. Require a mobile food ve ndor 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 vendor to associate with a commissary
if the vendor carries all the equipment necessary to comply with
health and safety standards and all applicable regulations;
6. Limit the number of m obile food vendor licenses issued;
7. Require a mobile food vendor to obtain any additional
permits from a local authority, unless the mobile food vendor seeks
to operate in a local, public park;
8. Require a mobile food vendor to be fingerprinted;
9. Require a mobile food vendor to install a Global Positioning
System (GPS) tracking device on the vendor ’s vehicle;
10. Require a mobile food vendor to stay in constant motion
except for when serving cu stomers;
11. Require a mobile food vendor to maintain insurance that
names a local authority as an additi onal 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 submit to inspections
beyond health inspections conducted by the Department o r by a local
authority under a collaborative agreem ent with the Department,
unless the Department is investigating a reported foodborne illness.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 1-1155 of Title 63, unle ss there
is created a duplication in numbering, reads as follows:
A. Mobile food vendors shall adhere to all laws and regulations
of the Oklahoma Administrative Code pertai ning 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 safety certification 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 lic ense application, the State
Department of Health shall classify a mobile food vendor into one of
the following three classifications for the p urpose of conducting
inspections:
1. If a vendor dispenses pre packaged 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 c lassified as a Mobile Food Type
I Vendor;
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2. If a vendor dispe nses food that requires limi ted 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 the
vehicle, it shall be classified as a Mobile Food Type III Vendor.
D. The Department shall specify the categories of foods or
beverages that mobile vendors in each classification may serve. If
a mobile food vendor seeks to serve food or beverages that may
require the vendor to be reclassified, the mobile food vendor shall
notify the Department of the natu re of the food or bever ages to be
sold, and the Department shall reclassify the mobile food vendor.
E. For the purpose of protecting public health and safety, the
Department shall ensure that mobile food vendors are inspected o n an
ongoing, randomized bas is pursuant to the freq uency 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 loca l authority
for conducting health inspections. The Department shall reimburse
the local authority acting under a collaborative agreement for the
cost of conducting inspections using funds from inspection fees
collected from licensees pursuant to subsectio n K of this section.
F. The Department shall estab lish and maintain a statewide
database for the Department and local authorities to record and
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reference the names of licensees, inspections, i nspection reports
and public complaints.
G. Health inspections shall be conducted by the D epartment
or a local authority acting under a collaborative agreement using
statewide inspection criteria and a score -based grading system
established by the Departm ent based on objective factors. The
inspection criteria shall 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 receive s 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 Department, or local
authority operating under a collaborative agreement, shall issu e a
certificate to the mobil e food vendor displayin g the vendor’s letter
grade or achievement of excellence and record the grade in the
Department’s database. The mobile food vendor shall disp lay its
certificate indicating its letter grade or achievement of excellence
in a conspicuous place for public vie w.
I. Health inspections shall occur on a randomized 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 u pon the
Department or a loca l authority being notif ied of a public health or
safety complaint regarding the vendor. If the inspection reveals a
violation of law or rule, the vendor shall becom e subject to
inspections at the frequency set for a Mobile Food Type II Vendor
until the vendor obtains a certific ate of excellence;
2. Mobile Food Type II Vendors shall be inspected once per
calendar year. If a Mobile Food Type II Vendor receives a
certificate of excellence, it shall become subject to inspections a t
the frequency set for Mobi le Food Type I Vendors. If a Mobile Food
Type II Vendor holding a certificate of excellence receives a score
lower than an “A” on a subsequent inspection, the vendo r shall lose
its certificate of excellence and return to being inspected once per
year; and
3. Mobile Food Type I II Vendors shall be inspected twice per
calendar year. If a Mobile Food Type III Vendor receives a
certificate of excellence, it shall be ins pected at the frequency
set for Mobile Food Type II Vendors. I f a Mobile Food Type III
Vendor holding a certifica te of excellence receives a score lower
than an “A” on a subsequent inspection, the vendor shall lose its
certificate of excellence and return to being inspected twice per
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 foo d vending vehicle within thirty (30) days
following the deliver y 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 shall provide the locations
where the vendor can be located for an inspection if reques ted by
the Department or local authority.
K. The Department shall calculate the average cost of providing
notice of and conducting a health i nspection. If the Department has
entered into a collaborative agreement with a local autho rity, the
Department shall consult with the local authority and determine the
average cost of providing notice of and conducting health
inspections in that jurisdict ion. The Department shall charge the
mobile food vendor an ins pection fee at the time the mobile vendor
applies for or renews a license, based on the average cost of
providing notice of and conducting an inspection, multiplied by the
number of annual insp ections required for the upcoming year as
required by this sect ion. A mobile food vendor m ay 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 Departmen t shall reimburse the vendor for any
inspection that was not co nducted 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 to be codified
in the Oklahoma Statutes as Section 1 -1156 of Title 63, unless there
is created a duplicat ion in numbering, reads as follows:
A. The local authority may regulate 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 onl y if they are the same as the
operating hours imposed on commercial businesses;
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 ope rate in a
public park;
4. Prohibit a mobile food vendor that is operating on private
property from blocking ingress or egress from that prope rty;
5. Develop a mobile food vendor metered parking pass for a fee
that permits a mobile food vendor to operate from metered parking
spaces for longer than the vendor would otherwise be permitted;
6. Investigate reports of foodborne illnesses;
7. Report a mobile food vendor ’s suspected violation of this
act to the State Department of Health and recommend the Depar tment
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 la w 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 vendor to receive any kind of special
permit from a local authority in addition to the mob ile 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 industr ial, commercial or
institutional zoning districts;
4. Require a mobile food vendor to operate a specific distance
from commercial food or retail establishmen ts;
5. Require a mobile food vendor to be fingerprinted;
6. Require a mobile food vendor to ins tall a Global Positioning
System (GPS) tracking device on its vehicle;
7. Require a mobile food vendor to stay in constant motion
while serving customers;
8. Require a mobile food vendor to maintain an insurance policy
that names the local authority as a n additional insured unl ess 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 loc al authority is investig ating a
reported foodborne illness;
10. Require a mobile food vendor to enter into any agreement
with a commercial establishment or re staurant;
11. Regulate the equipment requirements for a food vending
vehicle; and
12. Require a mobile food vendor to a ssociate with a commissary
if the vendor has all the equipment necessary to comply with all
regulations pertaining to food establishmen ts.
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 local a uthority may
investigate a mobile food vendor upon reasonable suspicio n the
vendor has violated t he law or upon receipt o f a health or safety
complaint. Any complaint shall be recorded in the state ’s mobile
vending database. The local authority shall rep ort suspected
violations of law to the Department and may recommend th e Department
suspend or revoke a mobile food vendin g license.
B. The mobile food vendor shall cooperate with the Department
or local authority during an investigation. Failure to coope rate
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with the Department or local authority may result in suspension o r
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 section of law to be codified
in the Oklahoma Statutes as Section 1-1158 of Title 63, unle ss 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 Health for the following reasons:
1. Fraud, misrepresentation or a false statement contain ed in
the application for a license;
2. Fraud, misrepresentation or a false statement made in
connection with the selling of food or b everages;
3. Any facts or conditions which would justify the denial o f
the original applicati on;
4. Three (3) or more v iolations 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 re garding the denial of his
or her mobile food vending application or the possible suspension or
revocation of his or her mobile food vending license may request an
administrative hearing in accorda nce with the Administrative
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Procedures Act within fourteen ( 14) calendar days of receipt of th e
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 rece ipt of a request for a hearing, th e 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 hearin g.
C. When circumstances demonstrate that continued operati on by a
mobile vendor poses an imm inent threat to the public’s health and
safety, the Department may immediately suspend or revoke a mobile
food vending license. The mobile food vendor may reques t a hearing
regarding the suspension or revocation within fo urteen (14) calendar
days of receiving notice of the suspension or revocation. Any
hearing regarding the summary suspension or revocation of a license
shall be given priority over all potential l icense denial,
suspension or revocation proceedings and shal l be held 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 law and a decision at the
conclusion of the hearing.
D. It shall be a misdemeanor for a licensee who se 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 penaltie s to a person who operates as
a mobile food vendor without a license, with a suspended license or
after a license is revoked.
SECTION 10. NEW LAW A new section of law to be codified
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 provisions
of the Administrative Procedures 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 auth orities from prohibiting mobile fo od
vending and regulating mobile food vending in a way that conflicts
with the provisions of this act.
SECTION 12. NEW LAW A new section 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 collaborati ve agreement with 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. 2021, Secti on 1-1118, is
amended to read as f ollows:
Section 1-1118. A. It shall be unlawful for any 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 establishment lic ense
issued for such purpose by the State Commissioner of Health or
designee. A food establishment license 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, wholesaler 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 fo r sale
or service at a function such as a nonprofit civic, 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 hum an
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 Commissioner of Health;
7. A kitchen in a private home or in a bed and breakfast that
prepares and offers food to guests, if the home is owner -occupied,
the number of available guest bedrooms does not exceed three, and
breakfast is the only meal offered;
8. A nonprofit civic, char itable or religious organization
using unpaid individuals to prepare or serv e food on its behalf, for
occasional fund-raising events sponsored and 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 centers, and all other
child care facilities as defined and licensed pursuant 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 Residential Care Act,
adult day care centers as defined by the Adult Day Care Act, a nd
assisted living centers and con tinuum of care facilities licensed
pursuant to the Continuum of Care and Assisted Living Act; and
11. Other establishments exempted from food establishment
licensure pursuant to state law ; and
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12. Mobile food vendors lic ensed pursuant to Section 3 of thi s
act.
B. Each license shall expire one ( 1) year following 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 State
Commissioner of Health.
1. The Commissioner may pro vide by rule for a fee-exempt
license for a food establishment 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 occasiona l
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.
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 pr ovide by rule 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 D ollars ($50.00). Vendors who do n ot
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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 mu ltiseasonal
license for snow cone stands that sell hot beverages in addition to
snow cones. A snow cone stand that does not sell hot beverages
shall be considered a seasonal food establishment.
C. The State Commissioner of Health shall promulgate reasona ble
standards and rules for sanita tion of establishments required to be
licensed, which shall include the following: buildings, vehicles,
and appurtenances thereto, including plumbing, ventilation and
lighting; construction, cleanliness and bactericidal tr eatment of
equipment and utensils; cleanliness, wholesomeness, storage and
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 safegua rd the health,
comfort, and safety of customers.
SECTION 14. This act shall become effective November 1, 202 3.
59-1-948 DC 1/6/2023 6:43:00 PM