| 1 | 1 | | 2025 |
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| 2 | 2 | | STATE OF WYOMING |
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| 3 | 3 | | 25LSO-07321HB0266 |
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| 4 | 4 | | HOUSE BILL NO. HB0266 |
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| 5 | 5 | | Food truck licensing-statewide application. |
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| 6 | 6 | | Sponsored by: Representative(s) Larson, JT, Andrew, |
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| 7 | 7 | | Williams and Wylie and Senator(s) Barlow, |
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| 8 | 8 | | Nethercott and Salazar |
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| 9 | 9 | | A BILL |
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| 10 | 10 | | for |
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| 11 | 11 | | 1 AN ACT relating to public health and safety; authorizing |
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| 12 | 12 | | 2 food trucks to operate throughout the state as specified; |
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| 13 | 13 | | 3 making conforming amendments; requiring rulemaking; and |
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| 14 | 14 | | 4 providing for effective dates. |
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| 15 | 15 | | 5 |
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| 16 | 16 | | 6 |
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| 17 | 17 | | 7 |
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| 18 | 18 | | 8. W.S. 35-7-128 is created to read: |
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| 19 | 19 | | 9 |
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| 20 | 20 | | 10 |
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| 21 | 21 | | 11 |
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| 22 | 22 | | 12 (a) As used in this section, "food truck" means a |
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| 23 | 23 | | 13 fully encased food establishment on a motor vehicle or |
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| 24 | 24 | | 14 trailer that is pulled by a motor vehicle from which a |
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| 25 | 25 | | 15 person, from within the frame of the vehicle or trailer, 2025STATE OF WYOMING25LSO-07322HB0266 |
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| 26 | 26 | | 1 prepares, cooks, sells or serves food or beverages for |
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| 27 | 27 | | 2 immediate human consumption. "Food truck" shall not include |
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| 28 | 28 | | 3 a pushcart or an ice cream truck. |
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| 29 | 29 | | 4 |
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| 30 | 30 | | 5 (b) If a food truck is licensed to operate under any |
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| 31 | 31 | | 6 ordinance, rule or regulation in a Wyoming county, city or |
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| 32 | 32 | | 7 town, that license shall be valid and recognized throughout |
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| 33 | 33 | | 8 the state. |
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| 34 | 34 | | 9 |
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| 35 | 35 | | 10 (c) Food trucks shall at all times be able to provide |
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| 36 | 36 | | 11 satisfactory evidence of the following: |
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| 37 | 37 | | 12 |
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| 38 | 38 | | 13 (i) A license from the department of |
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| 39 | 39 | | 14 agriculture, a local health department or local health |
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| 40 | 40 | | 15 officer for processing, distributing, storing or preparing |
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| 41 | 41 | | 16 food for sale pursuant to W.S. 35-7-124; |
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| 42 | 42 | | 17 |
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| 43 | 43 | | 18 (ii) If required, a sales tax license from the |
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| 44 | 44 | | 19 department of revenue pursuant to W.S. 39-15-106; |
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| 45 | 45 | | 20 |
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| 46 | 46 | | 21 (iii) Compliance with reasonable fire safety |
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| 47 | 47 | | 22 standards for food trucks as determined by rule of the |
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| 48 | 48 | | 23 department; 2025STATE OF WYOMING25LSO-07323HB02661 |
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| 49 | 49 | | 2 (iv) Compliance with other applicable federal |
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| 50 | 50 | | 3 and state laws or regulations governing the operation of a |
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| 51 | 51 | | 4 food truck or commercial establishment. |
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| 52 | 52 | | 5 |
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| 53 | 53 | | 6. W.S. 35-7-110(a)(xi), (xxxi)(intro) and |
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| 54 | 54 | | 7 (xxxii) is amended to read: |
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| 55 | 55 | | 8 |
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| 56 | 56 | | 9 |
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| 57 | 57 | | 10 |
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| 58 | 58 | | 11 (a) As used in this act: |
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| 59 | 59 | | 12 |
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| 60 | 60 | | 13 (xi) "Establishment" means and includes any |
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| 61 | 61 | | 14 place or any area of any establishment, including a food |
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| 62 | 62 | | 15 in which foods, |
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| 63 | 63 | | 16 drugs, devices and cosmetics are displayed for sale, |
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| 64 | 64 | | 17 manufactured, processed, packed, held or stored. |
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| 65 | 65 | | 18 "Establishment" does not include a home kitchen where food |
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| 66 | 66 | | 19 is prepared and stored for family consumption, or any other |
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| 67 | 67 | | 20 place equipped for the preparation, consumption and storage |
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| 68 | 68 | | 21 of food on the premise by employees or nonpaying guests; |
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| 69 | 69 | | 22 2025STATE OF WYOMING25LSO-07324HB02661 (xxxi) "Commercial food establishment" means and |
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| 70 | 70 | | 2 includes any place or any area of any establishment that is |
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| 71 | 71 | | 3 a wholesale or retail business, including a food truck as |
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| 72 | 72 | | 4 where foods, drugs, devices |
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| 73 | 73 | | 5 and cosmetics are displayed for sale, manufactured, |
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| 74 | 74 | | 6 processed, packed, held or stored. "Commercial food |
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| 75 | 75 | | 7 establishment" shall not include: |
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| 76 | 76 | | 8 |
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| 77 | 77 | | 9 (xxxii) "This act" means W.S. 35-7-109 through |
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| 78 | 78 | | 1035-7-128. |
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| 79 | 79 | | 11 |
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| 80 | 80 | | 12. The department of agriculture and |
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| 81 | 81 | | 13 department of health shall promulgate all rules necessary |
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| 82 | 82 | | 14 to implement the provisions of this act. |
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| 83 | 83 | | 15 2025STATE OF WYOMING25LSO-07325HB02661 |
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| 84 | 84 | | 2 |
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| 85 | 85 | | 3 (a) |
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| 86 | 86 | | 4 section, this act is effective July 1, 2025. |
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| 87 | 87 | | 5 |
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| 88 | 88 | | 6 (b) Sections 3 and 4 of this act are effective |
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| 89 | 89 | | 7 immediately upon completion of all acts necessary for a |
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| 90 | 90 | | 8 bill to become law as provided by Article 4, Section 8 of |
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| 91 | 91 | | 9 the Wyoming Constitution. |
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| 92 | 92 | | 10 |
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| 93 | 93 | | 11 (END) |
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