Mobile retail food establishment licenses., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.

 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1577

   AN ACT to amend the Indiana Code concerning health.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 16-18-2-211, AS AMENDED BY P.L.151-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 211. (a) "Local health department", except as
provided in subsections (b), and (c), and (d), means a department
organized by a county or city executive with a board, a health officer,
and an operational staff to provide health services to a county, city, or
multiple county unit.

   (b) "Local health department", for purposes of IC 16-41-7.5, has the
meaning set forth in IC 16-41-7.5-1.

   (c) "Local health department", for purposes of IC 16-42-5.1, has the
meaning set forth in IC 16-42-5.1-1. This subsection expires January
1, 2027.

   (d) "Local health department", for purposes of IC 16-42-28, has
the meaning set forth in IC 16-42-28-1.

   SECTION 2. IC 16-18-2-239.3, AS ADDED BY P.L.151-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 239.3. (a) "Mobile retail food establishment", for
purposes of IC 16-42-5.1, has the meaning set forth in IC 16-42-5.1-2.
This subsection expires January 1, 2027.

   (b) "Mobile retail food establishment", for purposes of
IC 16-42-28, has the meaning set forth in IC 16-42-28-2.

   SECTION 3. IC 16-18-2-239.4 IS REPEALED [EFFECTIVE

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JANUARY 1, 2027]. Sec. 239.4. "Mobile retail food establishment
permit", for purposes of IC 16-42-5.1, has the meaning set forth in
IC 16-42-5.1-3.

   SECTION 4. IC 16-18-2-239.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 239.5. "Mobile retail food
establishment license", for purposes of IC 16-42-28, has the
meaning set forth in IC 16-42-28-3.

   SECTION 5. IC 16-42-5.1 IS REPEALED [EFFECTIVE
JANUARY 1, 2027]. (Mobile Retail Food Establishments).

   SECTION 6. IC 16-42-28 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:

   Chapter 28. Statewide Mobile Retail Food Establishment
License

   Sec. 1. As used in this chapter, "local health department" refers
to:

      (1) a local health department established under IC 16-20; or
      (2) the health and hospital corporation created under
      IC 16-22-8.
   Sec. 2. (a) As used in this chapter, "mobile retail food
establishment" means a retail food establishment that is readily
moveable.
   (b) The term includes a retail food establishment that:
      (1) has wheels;
      (2) is on skids;
      (3) is mounted on a vehicle; or
      (4) is a marine vessel.
   (c) The term does not include a vehicle used solely to transport
food.
   Sec. 3. As used in this chapter, "mobile retail food establishment
license" refers to a license established by the state department and
issued by a local health department for the operation of a mobile
retail food establishment.
   Sec. 4. (a) The state department shall, in collaboration with the
workgroup established under section 10 of this chapter, do the
following:
      (1) Establish a statewide mobile retail food establishment
      license to be issued by a local health department to the owner
      or operator of a mobile retail food establishment that meets
      the licensing standards established by the state department.
      (2) Establish standards for licensure and inspection of a

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      mobile retail food establishment by a local health department,
      including standards for a necessary inspection following a
      violation or failed inspection.
      (3) Establish standards for the operation of a mobile retail
      food establishment.
   (b) In establishing the standards under subsection (a), the state
department shall do the following:
      (1) Consider the technical components of a mobile retail food
      establishment related to the safe and sanitary preparation and
      handling of food.
      (2) Provide for uniform interpretation and application of the
      standards throughout Indiana.
      (3) Require at least a semiannual inspection of a mobile retail
      food establishment to ensure compliance with the standards.
   Sec. 5. (a) In collaboration with the workgroup established
under section 10 of this chapter, the state department shall:
      (1) establish an application for an owner or operator to apply
      for and receive a mobile retail food establishment license; and
      (2) subject to subsection (b), establish a combined fee for an
      annual license and an inspection to be paid for:

         (A) the issuance or renewal of a statewide mobile retail
         food establishment license; and
         (B) any inspection of a mobile retail food establishment
         during the period when the license is in effect.
   (b) Beginning January 1, 2027, a local health department may
charge one (1) combined fee under subsection (a)(2) for an annual
license and inspection in an amount equal to four hundred fifty
dollars ($450). Of the combined fee collected by a local health
department for each annual license and inspection, the following
conditions apply:
      (1) The local health department shall retain two hundred
      dollars ($200) of each combined fee, which must be used for
      costs incurred in conducting local inspections.
      (2) The local health department shall distribute the remaining
      two hundred fifty dollars ($250) of each combined fee, on a
      monthly basis, to the state department.
   Sec. 6. A statewide mobile retail food establishment license
issued under this chapter:
      (1) is in effect for one (1) year;
      (2) may be renewed annually by an owner or operator of a
      mobile retail food establishment that continues to meet the
      licensing standards of this chapter; and

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      (3) authorizes an owner or operator to use a mobile retail food
      establishment for which the license is issued to provide food
      ready for immediate consumption to the public in any county
      in Indiana.
   Sec. 7. An owner or operator of a mobile retail food
establishment issued a statewide mobile retail food establishment
license is not:
      (1) required to obtain a county or local license or permit; or
      (2) required to pay a county or local:

         (A) inspection fee; or
         (B) license or permit fee.
   Sec. 8. (a) Beginning January 1, 2027, a local health department
shall:
      (1) receive applications for statewide mobile retail food
      establishment licenses;
      (2) collect annual license fees and inspection fees and
      distribute those fees in accordance with section 5(b) of this
      chapter;
      (3) issue statewide mobile retail food establishment licenses;
      and
      (4) conduct at least semiannual inspections of a mobile retail
      food establishment that is issued a statewide mobile retail
      food establishment license.
   (b) Beginning January 1, 2027, a person may not operate a
mobile retail food establishment in Indiana unless the person
obtains a mobile retail food establishment license.
   Sec. 9. Not later than January 1, 2027, the state department
shall adopt rules under IC 4-22-2 to implement this chapter.
   Sec. 10. (a) The state department shall establish a workgroup to
collaborate with in implementing sections 4(a) and 5 of this
chapter.
   (b) The state department shall designate at least one (1)
representative of a local health department from each Indiana
congressional district as a member of the workgroup established
under subsection (a).
   SECTION 7. [EFFECTIVE JULY 1, 2025] (a) The definitions in
IC 16-42-28, as added by this act, apply to this SECTION.
   (b) Notwithstanding IC 16-42-28-8, as added by this act, a local
health department may:
      (1) receive applications for mobile retail food establishment
      licenses; and
      (2) collect annual license fees;

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before January 1, 2027. However, a local health department may
not issue a mobile retail food establishment license before January
1, 2027.

   (c) This SECTION expires July 1, 2027.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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