Oklahoma 2025 Regular Session

Oklahoma House Bill HB1076 Latest Draft

Bill / Amended Version Filed 04/15/2025

                             
 
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SENATE FLOOR VERSION 
April 14, 2025 
 
 
ENGROSSED HOUSE 
BILL NO. 1076 	By: Hildebrant, Townley, 
Fetgatter, Archer, and 
Adams of the House 
 
  and 
 
  Gillespie of the Senate 
 
 
 
 
 
 
 
 
An Act relating to public health and safety; creating 
the Food Truck Freedom A ct; authorizing the State 
Commissioner of Health to promulgate rules; 
authorizing local authorities to regulate mobile food 
vendors; allowing administrative hearing upon 
suspension or revocation of certain license; 
establishing penalties; providing appeals process; 
amending 63 O.S. 2021, Section 1 -1101, which relates 
to definitions; defining terms; amending 63 O.S. 
2021, Section 1-1118, as last amended by Section 135, 
Chapter 452, O.S.L. 2024 (63 O.S. Supp. 2024, Section 
1-1118), which relates to food estab lishment license, 
exemptions, expiration license, fee -exempt license, 
reasonable standards and rules for sanitation; 
allowing mobile food vendors to operate in certain 
locations; requiring mobile food vendors to operate 
in a certain manner; providing for n oncodification; 
providing for codification; and providing an 
effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:   
 
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SECTION 1.     NEW LAW     A new section of law not to be 
codified in the Oklahoma Statutes reads as fol lows: 
This act shall be known and may be cited as the "Food Truck 
Freedom Act". 
SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1 -1150 of Title 63, unless there 
is created a duplication in numbering, reads as follows: 
A.  A mobile food vendor with a food establishm ent license 
required under Section 1 -1118 of Title 63 of the Oklahoma Statutes 
is authorized to operate in this state subject to this section.  
Mobile food vendors shall follow all state and local laws and 
regulations governing operations in the jurisdiction where the 
vendor is operating that are not in conflict with this act. 
B.  A mobile food vendor with a food establishment license 
required under Section 1 -1118 of Title 63 of the Oklahoma Statutes 
shall provide a copy of its state license to a local auth ority for 
recognition by the local authority before operating in the local 
authority's jurisdiction.  The local authority shall recognize a 
lawful and valid state license and autho rize the mobile food vendor 
to operate in its jurisdiction within five (5) business days of 
receipt of the state license and verification of compliance with 
local regulations not in conflict with this act.  Such recognition 
and authorization may include is suing a local license or permit to   
 
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the mobile food vendor.  Any local licens e or permit issued shall 
not impose additional requirements that conflict with this act. 
C.  Upon compliance with subsection B of this section, a mobile 
food vendor may operate in the following locations: 
1.  Any location allowed by the local authority; and 
2.  On private property under the following circumstances: 
a. the property is located in a zoning district where 
food service establishments are permitted to operate 
and the vendor has permission of the property owner, 
designee, or lessor, 
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; provided, that the operation of mobile 
food vendors on the subject property not exceed twelve 
(12) days per year, and 
c. the mobile food vendor would not cause a nuisance. 
D.  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.   
 
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E.  A mobile food vendor shall not operate in a state park 
without having a contra ct or lease agreement approved by the 
Oklahoma Tourism and Recreation Commission. 
F.  When operating, a mobile food vendor shall: 
1.  Maintain a food vending vehicle in good operating order; 
2.  Provide a waste receptacle for customers that is visible and 
request that customers use it; 
3.  Remove and dispose of all refuse within a twenty-five-foot 
radius of the mobile food vendor's operating area at the conclusion 
of operation; 
4.  Display the mobile food vendor's food establishment license 
in a conspicuous location for public view; and 
5.  If serving food at a temporary mass gathering, notify the 
State Department of Health and the local authority in the 
jurisdiction where the gathering is to be located of the dates the 
mobile food vendor will operate at the temporary mass gathering at 
least ten (10) business days prior to the gathe ring. 
G.  The State Commissioner of Health may promulgate rules to 
enforce the provisions of this section.  Rules adopted shall not: 
1.  Require a mobile food vendor to operate a s pecific distance 
from the perimeter of an existing commercial establishment or to 
enter into any agreement with a commercial establishment;   
 
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2.  Require a mobile food vendor that serves only prepackaged 
food or that does not prepare or open food to have a h andwashing 
sink in the food vending vehicle; 
3.  Require a mobile food vendo r to associate with a commissary 
if the vendor carries all the equipment necessary to comply with 
health and safety standards and applicable regulations; 
4.  Limit the number of li censed mobile food vendors; 
5.  Require a mobile food vendor to obtain any additional 
permits from a local authority unless the mobile food vendor seeks 
to operate at an event which is permitted by a local authority or in 
a local, public park; 
6.  Require a mobile food vendor to be fingerprinted or to 
install a Global Positioning System (GPS) tracking device on the 
vendor's vehicle; 
7.  Require a mobile food vendor to stay in constant motion 
except for when serving customers; 
8.  Require a mobile food vendo r to change locations unless the 
vendor is operating in violation of this act; 
9.  Require a mobile food vendor to maintain insurance that 
names a local authority as an additional insured unless the vendor 
is operating at an event sponsored by the local au thority or 
operating in a local, public park; 
10.  Require a mobile food ven dor to maintain a bond that names 
a local authority as a beneficiary unless the vendor is operating at   
 
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an event sponsored by the local authority or operating in a local, 
public park; 
11.  Require a mobile food vendor to submit to health 
inspections beyond health inspections conducted by the Department or 
by a local authority collaborating with the Department, unless the 
Department is investigating a reported foodborne illness, or 
addressing a complaint of an imminent health or safety hazard to the 
public; 
12.  Require a health inspection of a food vending vehicle more 
than twice per year unless the Department is ensuring a mobile food 
vendor has corrected a violation detected during a prior inspection, 
is investigating a reported foodborne illness, or is conducting a 
nonobstructive spot inspection to ensure food safety; 
13.  Charge a mobile food vendor fees for a health inspection; 
or 
14.  Require a mobile food vendor to submit to a s tate fire 
inspection if the vendor can demonstrate it passed a state or loca l 
fire inspection in the previous twelve (12) months. 
SECTION 3.     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: 
A.  The local authority may regulate mobile food vendors in 
accordance with this section.  In relation to a mobile food vendor's 
operations, a local authority may:   
 
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1.  Restrict the operation of a noisemaking device that exceeds 
seventy-five (75) decibels measured at twenty -three (23) feet from 
the food vending vehicle during certain hours of the day; 
2.  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; 
3.  Prohibit a mobile food vendor from blocking or restricting 
ingress to or egress from private property; 
4.  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 vendo r would otherwise be permitted; 
5.  Investigate reports of foodborne illnesses; 
6.  Report a mobile food vendor's suspected violation of this 
act to the State Department of Health; 
7.  Issue citations and penalties to mobile food vendors for 
violations of state and local law not inconsistent with this act; 
and 
8.  Adopt and enforce other regulations in conformity to 
municipal powers that are not inconsistent with this act.  Any 
regulation regarding mobile food vendors must address public health 
or safety risks. 
B.  In relation to a mobile food vendor's operations, a local 
authority may not:   
 
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1.  Prohibit a mobile food vendor from lawfully operating in its 
jurisdiction if the vendor ho lds a food establishment license 
required under Section 1 -1118 of Title 63 of the Oklahoma Statutes 
and is in compliance with this act and all other state and local 
laws not in conflict with this act; 
2.  Require a mobile food vendor to obtain any license or permit 
from the local authority to operate a food vending vehicle unless: 
a. the local authority is issuing a local license in 
recognition of a state license under subsection B of 
Section 3 of this act, 
b. the mobile food vendor seeks to operate at an e vent 
which has been permitted by the local authority, or 
c. the mobile food vendor seeks a food establishment 
license from a local authority required by Section 1 -
1118 of Title 63 of the Oklahoma Statutes; 
3.  Require a mobile food vendor that is operating on private 
property with the permission of the owner to operate a specific 
distance from commercial food or retail establishments; 
4.  Require a mobile food vendor to enter into any agreement 
with commercial food or retail establishments; 
5.  Require a mobile food vendor to be fingerprinted or to 
install a Global Positioning System (GPS) tracking device on the 
vendor's vehicle;   
 
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6.  Require a mobile food vendor to stay in constant motion 
except for when serving customers; 
7.  Require a mobile food vendor to maintain an insurance policy 
that names the local authority as an additiona l insured unless the 
vendor is operating at an event sponsored by the local authority or 
operating in a local, public park; 
8.  Require a mobile food vendor to maintain a bond that names a 
local authority as a beneficiary unless the vendor is operating at 
an event sponsored by the local authority or operating in a local, 
public park; 
9.  Require a mobile food vendor to submit to health inspections 
beyond health inspections conducted by or in collaboration with the 
Department, unless the local authority is i nvestigating a reported 
foodborne illness or addressing a complaint of an imminent health or 
safety hazard to the public; 
10.  Require a health inspection of a food vending vehicle more 
than twice per year unless the local authority, in collaboration 
with the Department under this act, is ensuring a mobile food vendor 
has corrected a violation detected during a prior inspection, is 
investigating a reported foodborne illness, or is c onducting a 
nonobstructive spot inspection to ensure food safety; 
11.  Charge a mobile food vendor fees for additional health 
inspections;   
 
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12.  Charge a mobile food vendor fees for any local license or 
permit allowed under Section 3 of this act beyond the administrative 
cost of issuing the local license or permit; 
13.  Require a mobile food vendor to submit to a state fire 
inspection if the vendor can demonstrate it passed a state fire 
inspection in the previous twelve (12) months; 
14.  Require a mobile foo d vendor to enter into any agreement 
with a commercial establishment or rest aurant; 
15.  Regulate the equipment requirements for a food vending 
vehicle; or 
16.  Require a mobile food vendor to associate with a commissary 
if the vendor has all the equipment necessary to comply with state 
regulations pertaining to food vending vehicles. 
SECTION 4.     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.  Any mobile food vendor who has been notifi ed of a possible 
suspension or revocation of his or her state license may request an 
administrative hearing in accordance with the Administrative 
Procedures Act and rules promulgat ed by the State Commissioner of 
Health. 
B.  The State Department of Health may issue civil penalties to 
a person who operates as a mobile food vendor without a license, 
with a suspended license, or after a license is revoked.   
 
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SECTION 5.     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: 
A person aggrieved by a decision of the State Department of 
Health following a he aring has the right to appeal the decision as 
provided in the Administrative Procedures Act and rules promulgated 
by the State Commissioner of Health. 
SECTION 6.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes a s Section 1-1154 of Title 63, unless there 
is created a duplication in numbe ring, reads as follows: 
A.  This act shall not be construed to require a local authority 
to adopt a program regulating mobile food vendors or to modify its 
existing program regulat ing mobile food vendors; provided, the 
regulations do not conflict with this act. 
B.  This act shall not be construed to impede the State 
Department of Health or local authority in any investigation of a 
reported foodborne illness. 
SECTION 7.     AMENDATORY     63 O.S. 2021, Section 1 -1101, is 
amended to read as follows: 
Section 1-1101.  For the purposes of this article section: 
(a) The term "food" means (1) articles used for food or drink 
for man, (2) chewing gum, and (3) articles used fo r components of 
any such article 
1.  The term "food" means:   
 
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a. articles used for food or drink for human consumption, 
b. chewing gum, and 
c. articles used for components of any such article . 
(b) 2. The term "label" means a display of written, printed or 
graphic matter upon the immediate container of any article; and a 
requirement made by or under authority of this article that any 
word, statement, or other information appearing on the label shall 
not be considered to be complied with unless such word, stat ement, 
or other information also appears on the outside container or 
wrapper, if there be any, of the retail package of such article, or 
is easily legible through the outside container or wrapper. 
(c) 3. The term "immediate container" does not include pac kage 
liners. 
(d) The term "labeling" means all labels and other written, 
printed or graphic matter (1) upon an article or any of its 
containers or wrappers, or (2) accompanying such article 
4.  The term "labeling" means all labels and other written, 
printed or graphic matter: 
a. upon an article or any of its containers or wrappers, 
or 
b. accompanying such article . 
(e) 5. If an article is alleged to be misbranded because the 
labeling is misleading, or if an advertisement is alleged to be 
false because it is misleading, then in determining whether the   
 
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labeling or advertisement is mi sleading there shall be taken into 
account (among other things) not only representations made or 
suggested by statement, word, design, device, sound, or in any 
combination thereof, but also the extent to which the labeling or 
advertisement fails to reveal facts material in the light of such 
representations or material with respect to consequences which may 
result from the use of the article to which the labeling or 
advertisement relates, under the conditions of use prescribed in the 
labeling or advertisemen t thereof, or under such conditions of use 
as are customary or usual. 
(f) 6. The term "advertisement" means all representations 
disseminated in any manner or by any means, other t han by labeling, 
for the purpose of inducing, or which are likely to induce, directly 
or indirectly, the purchase of food. 
(g) 7. The term "contaminated with filth" applies to any food 
not securely protected from dust, dirt, and, as far as may be 
necessary by all reasonable means, from all foreign or injurious 
contaminations. 
(h) 8. The provisions of this article regarding the selling of 
food shall be considered to include the manufacture, production, 
processing, packing, exposure, offer, possession, and holding of any 
such article for sale; and the sale, dispensing, and giving of any 
such article, and the supplying or applying of any such articles in 
the conduct of any food establishment.   
 
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(i) 9. The term "Federal Act" means the Federal Food, Drug, and 
Cosmetic Act. 
10.  The term "mobile food establishment" means a facility 
including a trailer, that prepares food and beverages, is vehicle 
mounted, is road-approved by the Department of Transportation 
including wheels and axles, is readily movable, and remai ns at one 
physical address for no more than twelve (12) hours at one time, 
unless the mobile food establishment is operating on private 
property.  A mobile food establishment operating on private property 
may remain at one physical address for no more than fourteen (14) 
days. 
11.  The term "mobile push cart" means a non -self-propelled food 
unit that can be manually moved by an average person without being 
vehicle mounted. 
12.  The term "mobile retail food establishment" means a 
licensed enterprise which sel ls packaged foods from a stationary 
display at a location some distance from the establishment but still 
at the same physical address for no more than twelve (12) hours; 
provided, the licensed unit is on the premises and readily available 
for inspection and the food has been prepared in a facility that is 
regulated by the good man ufacturing practices in Title 21 of the 
Code of Federal Regulations or pursuant to Section 310:260 of the 
Oklahoma Administrative Code, Good Manufacturing Practice   
 
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Regulations, Oklahoma Department of Agriculture, Food, and Forestry, 
and United States Department of Agriculture, or this act. 
13.  The term "mobile food vendor" means any person who 
dispenses food or beverages from a mobile food establishment, mobile 
push cart, or mobile retail food establishment. 
14.  The term "mobile food vending" means dispen sing food or 
beverages from a food vending vehicle. 
15.  The term "food vending vehicle" means a mobile food 
establishment, mobile push cart, or mobile retail food 
establishment. 
16.  The term "local authority" means any local government 
including any town, city, charter city, political subdivision, or 
county. 
17.  The term "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 
state or local authority parks. 
18.  The term "temporary mass gathering" means an actual or 
reasonably anticipated assembly of three hundred (300) or more 
people for an event that contin ues, or reasonably can be expected to 
continue, for two (2) or more hours per day. 
19.  The term "nonobstructive spot inspection" means an 
inspection of a mobile food establishment at a temporary mass 
gathering that is conducted, if practicable, before the start of the   
 
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temporary mass gathering and that does not exceed ten (10) min utes 
in length if conducted during a high -traffic time of the gathering. 
SECTION 8.     AMENDATORY     63 O.S. 2021, Section 1 -1118, as 
last amended by Section 13 5, Chapter 452, O.S.L. 2024 (63 O.S. Supp. 
2024, Section 1-1118), is amended to read as follows: 
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 esta blishment license 
issued for such purpose by the State Commissioner of Health or 
designee.  A mobile food vendor that seeks to operate in a county 
that is governed by a city -county health department shall obtain a 
food establishment license from the local authority.  This food 
establishment license shall be recognized by the State Commissioner 
of Health and all local authorities as a state food establishment 
license for purposes of this title.  A food establishment license 
shall permit the mobile food vendo r to operate in any local 
authority's jurisdiction upon the local authority's recognition of 
the license, the issuance of any relevant local license, and the 
vendor's compliance wi th all other municipal provisions not in 
conflict with this act.  A food establishment license shall not be 
required for:   
 
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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 licen sed 
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, 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 receive s 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 br eakfast that 
prepares and offers food to guests, if the home is owner -occupied, 
the number of available guest bedrooms does not exceed four, and 
breakfast is the only meal offered; 
8.  A nonprofit civic, charitable or religious organization 
using unpaid individuals to prepare or serve food on its behalf, for 
occasional fundraising events sponsored and conducted by the 
organization.  For the purposes of this paragraph, an "occasional   
 
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fund-raising fundraising 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 fa cilities, as defined 
in and licensed pursuant to the provisions of the Nursi ng 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 and contin uum of care facilities licensed 
pursuant to the Continuum of Care and Assisted Living Act; 
11.  Vendors at farmers markets selling frozen meat that is 
either kept refrigerated or on ice; and 
12.  Other establishments exempted from food establishment 
licensure pursuant to state law. 
B.  Each license shall expire one (1) year follow ing 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 by rule or as provided for in this section . 
1.  The Commissioner may provide 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 freq uent basis than the occasional 
fundraising event.  A fee -exempt license shall not expire but shall   
 
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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 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 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 se ll 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 Hea lth shall promulgate reasonable 
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   
 
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lighting; construction, cle anliness and bactericidal treatment 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 safeguard the health, 
comfort, and safety of customers. 
SECTION 9.  This act shall become effective November 1, 2025. 
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES 
April 14, 2025 - DO PASS