H.B. 476
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: G.N. Gunn 6
6 02-14-23 4:37 PM 6
H.B. 476
1 FOOD TRUCK REGULATI ONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kera Birkeland
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill modifies provisions regarding food truck permitting.
10Highlighted Provisions:
11 This bill:
12 <provides that a food truck that is designated as a tier-one food truck by the
13permitting local health department is not required to use a commissary if it meets
14specific conditions.
15Money Appropriated in this Bill:
16 None
17Other Special Clauses:
18 None
19Utah Code Sections Affected:
20AMENDS:
21 11-56-104, as last amended by Laws of Utah 2022, Chapter 306
22
23Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 11-56-104 is amended to read:
25 11-56-104. Safety and health inspections and permits -- Fees.
26 (1) (a) A food truck business shall obtain, for each food truck that the business
27operates, an annual health department food truck permit from the local health department with
*HB0476* H.B. 476 02-14-23 4:37 PM
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28jurisdiction over the area in which the majority of the food truck's operations takes place.
29 (b) A local health department shall recognize as valid a health department food truck
30permit that has been issued by another local health department within the state.
31 (2) A local health department may only charge a health department food truck permit
32fee to a food truck business in an amount that reimburses the local health department for the
33cost of regulating the food truck.
34 (3) (a) A political subdivision inspecting a food truck for fire safety shall conduct the
35inspection based on the criteria that the Utah Fire Prevention Board, created in Section
3653-7-203, establishes in accordance with Section 53-7-204.
37 (b) (i) A political subdivision shall recognize as valid within the political subdivision's
38jurisdiction an approval from another political subdivision within the state that shows that the
39food truck passed a fire safety inspection that the other political subdivision conducted.
40 (ii) A political subdivision may not require that a food truck pass a fire safety
41inspection in a given calendar year if the food truck business presents to the political
42subdivision an approval described in Subsection (3)(b)(i) issued during the same calendar year.
43 (4) (a) Nothing in this section prevents a local health department from requiring a food
44truck business to obtain an event permit, in accordance with Section 11-56-105.
45 (b) Nothing in this section prevents a political subdivision from revoking the political
46subdivision's approval:
47 (i) described in Subsection (1)(b), if the operation of the related food truck within the
48political subdivision fails a health inspection by a local health department; or
49 (ii) described in Subsection (3)(b)(i), if the operation of the related food truck within
50the political subdivision fails to meet the criteria described in Subsection (3)(a).
51 (c) For each food truck that fails a health inspection as described in Subsection
52(4)(b)(i), a local health department may charge and collect a fee from the associated food truck
53business for that health inspection.
54 (5) A local health department may not require a food truck operator to use a
55commissary if the food truck:
56 (a) is designated as a tier-one food truck by the permitting local health department;
57 (b) does not use temperature controlled products;
58 (c) does not store prepared food products from one operating day to the next; 02-14-23 4:37 PM H.B. 476
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59 (d) is able to refill its potable water tanks at a location and in a manner approved by the
60local health department; and
61 (e) is able to dispose of all wastewater, used cooking oil, and other refuse at a location
62and in a manner approved by the local health department.