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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3157
103RD GENERAL ASSEMBL Y
6846H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 196, RSMo, by adding thereto fifteen new sections relating to licensing of
mobile food vendors, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 196, RSMo, is amended by adding thereto fifteen new sections, to
2 be known as sections 196.3070, 196.3073, 196.3076, 196.3079, 196.3082, 196.3085,
3 196.3088, 196.3091, 196.3094, 196.3097, 196.3100, 196.3103, 196.3106, 196.3109, and
4 196.31 12, to read as follows:
196.3070. As used in sections 196.3070 to 196.31 12, the following terms mean:
2 (1) "Applicant", a person who applies to the department to receiv e a license to
3 operate as a mobile food vendor;
4 (2) "Department", the department of health and senior services;
5 (3) "Food", the same meaning given to the term in section 196.010;
6 (4) "License holder", a person who holds a mobile food vendor license issued
7 under sections 196.3070 to 196.31 12;
8 (5) "Local authority", any municipality , county , public health authority , or other
9 political subdivision of this state;
10 (6) "Mobile food unit", any vehicle, trailer , cart, or other conveyance that
11 operates as a food establishment and that is designed to be read ily movable;
12 (7) "Mobile food vendor" or "vendor", any person who dispenses food fr om a
13 mobile food unit for immediate service or consumption;
14 (8) "Municipality", any city , town, or village located wholly or partially within a
15 county;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
16 (9) "Pr epackaged food", any commer cially labeled and pro cessed food that is
17 pr epackaged to pr event dir ect human contact with the food pr oduct on distribution
18 fr om the manufactur er , food establishment, or other appr oved sour ce.
196.3073. 1. Notwithstanding any authority granted under chapter 192 or any
2 other provi sion of law , sections 196.3070 to 196.31 12 pree mpt any local ordinance,
3 r esolution, rule, or regu lation concerning the licensing or permitting of mobile food
4 vendors or the operation of mobile food units.
5 2. A local authority shall not re quir e a mobile food vendor holding a valid
6 statewide mobile food vendor license to obtain an additional local license or permit as a
7 condition of operating a mobile food unit.
8 3. A local authority shall not adopt or enfor ce any reg ulation that conflicts with
9 or imposes r equir ements inconsistent with sections 196.3070 to 196.31 12.
196.3076. 1. A person shall not operate as a mobile food vendor in this state
2 unless the person holds a mobile food vendor license issued by the department. A
3 separate license is req uired for each mobile food unit a mobile food vendor operates.
4 2. A mobile food vendor license issued by the department is valid thr oughout the
5 state and authorizes operation in any jurisdiction, subject to compliance with state law .
6 3. A local authority shall not proh ibit the operation in its jurisdiction of a mobile
7 food vendor who holds a mobile food vendor license issued by the department and
8 complies with all other state and local laws not in conflict with sections 196.3070 to
9 196.31 12.
196.3079. 1. The department shall pr escribe a written application for a mobile
2 food vendor license. The department shall make the application available to applicants
3 in person and on the department's website.
4 2. An applicant for a mobile food vendor license shall submit an application to
5 the department on the form the department pre scribes. The application shall contain
6 the following information:
7 (1) The applicant's name, addr ess, and telephone number;
8 (2) The name, addr ess, and telephone number of any associated entity or
9 organization the applicant is re present ing and copies of documents verifying that
10 r elationship;
11 (3) The applicant's primary res idences and business addr esses during the twelve
12 months precedi ng the date of the application;
13 (4) The food the applicant pr oposes to sell to enable the department to establish
14 the applicant's food type classification;
15 (5) A statement of whether the applicant has prev iously been denied a mobile
16 food vendor license, or had a mobile food vendor license suspended or r evoked, in this
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17 state or any other state or local jurisdiction and the reas ons for any denial, suspension,
18 or rev ocation; and
19 (6) The vehicle license number , description, identification number , regist ration,
20 pr oof of vehicle insurance, and pr oof of any additional licenses or permits req uired by
21 this state for the mobile food unit the applicant is applying for a license to operate.
22 3. The department may requ ire an applicant to submit additional information.
23 4. An applicant shall submit a separate application for each mobile food unit to
24 be licensed under sections 196.3070 to 196.31 12.
25 5. An applicant's failure to submit a complete application may res ult in denial of
26 a license.
27 6. A person shall not intentionally pr ovide false information or intentionally
28 omit request ed information on an application.
29 7. The department shall develop a guide on the mobile food vendor licensing
30 pr ocedur es. The guide shall be available at the department's office and on the
31 department's website. The guide shall include the following information:
32 (1) Instructions for obtaining, maintaining, and renewi ng a mobile food vendor
33 license; and
34 (2) A description of the department's standards for inspecting a mobile food
35 unit.
196.3082. 1. Wi thin thirty days after the date the department r eceives a
2 complete mobile food vendor license application, the department or a local authority
3 acting under a collaborative agreement as pr ovided by section 196.3100 shall conduct a
4 health inspection of the applicant's mobile food unit listed on the application. The
5 department shall not issue a license to operate any mobile food unit that does not pass a
6 health inspection.
7 2. The department shall ensure that an applicant's mobile food unit is safe for
8 pr eparing, handling, and selling food and that an applicant is in compliance with all
9 applicable laws and rules.
196.3085. 1. The department shall issue a mobile food vendor license to an
2 applicant who submits a complete application, pays any r equir ed fee, and meets the
3 department's licensing r equir ements and whose mobile food unit passes a health
4 inspection.
5 2. A license issued under this section expir es on the first anniversary of the date
6 of issuance.
7 3. Befor e expiration of a license, the department shall send notice of the
8 expiration to the mobile food vendor . The vendor shall submit a license rene wal
9 application befor e the date the license expir es.
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10 4. A licensed mobile food vendor may continue to operate while the vendor's
11 application for license renewa l is pending with the department.
196.3088. 1. A mobile food vendor license issued under sections 196.3070 to
2 196.31 12 is not transferable and does not authorize the activities of any person other
3 than the person who holds the license.
4 2. The sale of the mobile food unit identified in a mobile food vendor license
5 application, when re placed by another mobile food unit, does not invalidate the license
6 or req uir e issuance of a new license.
7 3. A license holder who re places a mobile food unit with another unit shall
8 pr ovide to the department the information requ ired by section 196.3079 for the
9 r eplacement unit and ensur e the repla cement unit is inspected as requ ired by section
10 196.3082. The health inspection shall be conducted as soon as practicable but not later
11 than the thirtieth calendar day after the date the department r eceives the information
12 r equir ed under this section.
13 4. The recipi ent of transferr ed mobile food vendor business assets shall apply for
14 and obtain a new mobile food vendor license befor e operating as a mobile food vendor .
196.3091. 1. The department may charge a fee for each mobile food vendor
2 license application submitted and each license issued or ren ewed under sections
3 196.3070 to 196.31 12. The department may establish a schedule of fees based on the
4 license classifications described in section 196.3097. The department may set the fees in
5 amounts necessary to cover the costs of administering sections 196.3070 to 196.31 12.
6 2. The department may charge a fee for a health inspection of an applicant's
7 mobile food unit r equir ed under section 196.3082. The department shall set the fee in an
8 amount that covers the cost of conducting a health inspection under that section.
9 3. At the time the department issues or ren ews a mobile food vendor license, the
10 department shall charge a fee for a health inspection re quir ed under section 196.3100.
11 The department shall set the fee in an amount based on the average cost of conducting a
12 health inspection multiplied by the number of annual health inspections requ ired during
13 the next year for the mobile food vendor classification type as described by section
14 196.3097.
15 4. The department shall deposit all fees collected under this section into a
16 separate account in the Missouri public health services fund established in section
17 192.900 to be used for the administration of sections 196.3070 to 196.31 12.
196.3094. A mobile food vendor shall:
2 (1) Submit to and pass any req uired health inspection conducted under section
3 196.3100;
4 (2) Comply with all laws and rules regard ing food safety; and
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5 (3) Display the mobile food vendor license and health inspection certificate in a
6 conspicuous location for public view .
196.3097. 1. The department shall establish by rule classifications of mobile food
2 vendors for purposes of conducting health inspections as follows:
3 (1) Mobile food type I vendor for a vendor who dispenses prep ackaged foods,
4 who does not dispense food that req uires time or temperatur e contr ol for safety , and
5 who poses a low risk of harm to the public;
6 (2) Mobile food type II vendor for a vendor who dispenses food that req uires
7 limited handling and prepa ration; and
8 (3) Mobile food type III vendor for a vendor who prep ares , cooks, holds, and
9 serves food fr om a mobile food unit.
10 2. The rules adopted under this section shall specify the categories of foods that
11 mobile food vendors in each classification may serve.
12 3. A mobile food vendor who seeks to serve food that may req uire the vendor's
13 r eclassification shall notify the department of the natur e of the food to be sold. The
14 department, or a local authority in a collaborative agreement with the department
15 under section 196.3100, may conduct a health inspection and r eclassify the vendor in
16 accordance with the rules adopted under this section.
196.3100. 1. The department shall ensur e ongoing, randomized health
2 inspections ar e conducted on each licensed mobile food vendor based on the mobile
3 food vendor's classification and pre vious health inspection r esults.
4 2. Upon req uest by a local authority , the department may enter into a
5 collaborative agr eement with the local authority for conducting health inspections. The
6 department shall r eimburse the local authority acting under a collaborative agreement
7 for the cost of conducting a health inspection fr om the separate account in the Missouri
8 public health services fund established in section 196.3091.
9 3. At a freq uency to be determined by the department, a mobile food vendor
10 shall make available to the department a list of all locations at which the vendor intends
11 to operate, to the best of the vendor's knowledge.
196.3103. 1. The department or a local authority may investigate a mobile food
2 vendor if ther e is re asonable suspicion to believe the vendor is violating the law or upon
3 r eceipt of a health or safety complaint. The local authority shall r eport suspected
4 violations of state law to the department and may reco mmend the department suspend
5 or rev oke a mobile food vendor license.
6 2. The mobile food vendor shall cooperate with the department or local
7 authority during an investigation. Failur e to cooperate with the department or local
8 authority may res ult in suspension or revocation of a license.
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9 3. Sections 196.3070 to 196.31 12 shall not be construed to impede an
10 investigation of a re ported foodborne illness by the department or local authority .
196.3106. 1. The department may ref use to issue or renew a mobile food vendor
2 license for one or any combination of causes stated in subsection 2 of this section. The
3 department shall notify the applicant in writing of the r easons for the r efusal and shall
4 advise the applicant of his or her right to file a complaint with the administrative
5 hearing commission as provi ded by chapter 621.
6 2. The department may cause a complaint to be filed with the administrative
7 hearing commission as pro vided by chapter 621 against any license holder or any person
8 who has failed to r enew or has surr ender ed his or her mobile food vendor license for any
9 one or any combination of the following causes:
10 (1) V iolation of any pro vision of sections 196.3070 to 196.31 12 or any rule
11 adopted under sections 196.3070 to 196.31 12;
12 (2) Obtaining a license by means of fraud, misr epr esentation, or concealment of
13 a material fact;
14 (3) Use of fraud or misr epresent ation or the making of a false statement in
15 connection with the sale of food while operating as a mobile food vendor;
16 (4) Three or mor e citations during a twelve-month period for a violation of any
17 pr ovision of sections 196.3070 to 196.31 12 or any rules adopted under sections 196.3070
18 to 196.31 12; or
19 (5) Other material facts or conditions rela ted to the applicant or application that
20 pr ovide r easonable justification for the denial, suspension, or r evocation of the license,
21 as determined by the department.
22 3. The department shall not deny , suspend, or revok e a mobile food vendor
23 license for any cause not stated in subsection 2 of this section.
24 4. After the filing of such complaint, the pr oceedings shall be conducted in
25 accordance with the pr ovisions of chapter 621. Upon a finding by the administrative
26 hearing commission that the grou nds prov ided in subsection 2 of this section for
27 disciplinary action are met, the department may , singly or in combination, censure or
28 place the person named in the complaint on pr obation or suspension or revok e the
29 mobile food vendor license on such terms and conditions as the department deems
30 appr opriate.
31 5. A license holder who continues to operate after the department suspends or
32 r evokes the license holder's mobile food vendor license is subject to an administrative
33 penalty in an amount to be determined by the department.
34 6. The department may apply to any court of competent jurisdiction for , and the
35 court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or
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36 permanent injunction to res train any person fr om operating as a mobile food vendor in
37 this state without a mobile food vendor license issued by the department.
196.3109. 1. The department may apply to the administrative hearing
2 commission for an emergency suspension or res triction of a mobile food vendor license
3 if the department has reas onable cause to believe that the license holder's operations
4 pose an imminent thr eat to the public health and safety .
5 2. The department shall submit to the administrative hearing commission
6 supporting affidavits and record s, together with a complaint alleging the facts in
7 support of the department's re quest for an emergency suspension or res triction of a
8 license, and shall supply the administrative hearing commission with the last home or
9 business addr esses on file with the department for the license holder . W ithin one
10 business day of the filing of the complaint, the administrative hearing commission shall
11 r eturn a service packet to the department. The service packet shall include the
12 department's complaint and any affidavits or rec ords the department intends to rel y on
13 that have been filed with the administrative hearing commission. The service packet
14 may contain other information in the discr etion of the administrative hearing
15 commission. Within twenty-four hours of recei ving the packet, the department shall
16 either personally serve the license holder the service packet or leave a copy of the service
17 packet at all of the license holder's curr ent addr esses on file with the department.
18 3. W ithin five days of the department's filing of the complaint, the
1 9 administrative hearing commission shall re view the information submitted by the
20 department and shall issue its findings of fact and conclusions of law . If the
21 administrative hearing commission finds that ther e is r easonable cause for the
22 department to believe that the license holder's operations pose an imminent thr eat to
23 the public health and safety , the administrative hearing commission shall enter the
24 order req uested by the department. The order shall be effective upon personal service
25 or by leaving a copy at all of the license holder's curren t addr esses on file with the
26 department.
27 4. (1) The administrative hearing commission shall hold an evidentiary hearing
28 on the record within forty-five days of the department's filing of the complaint to
29 determine if cause for discipline exists under the pro visions of sections 196.3070 to
30 196.31 12 and to determine whether the initial order enter ed by the commission shall
31 continue in effect. Prior to the hearing, the license holder may file affidavits and
32 certified court reco rds for consideration by the administrative hearing commission. The
33 administrative hearing commission may grant a re quest for a continuance but shall in
34 any event hold the hearing within one hundred twenty days of the department's initial
35 filing. The department shall be granted leave to amend its complaint if it is mor e than
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36 thirty days prior to the hearing, or within thirty days prior to the hearing upon a
37 showing of good cause.
38 (2) If no cause for discipline is found following an evidentiary hearing, the
39 administrative hearing commission shall issue findings of fact, conclusions of law , and
40 an order terminating the commission's initial order imposing an emergency suspension
41 or res triction of the license.
42 (3) If the administrative hearing commission finds cause for discipline following
43 an evidentiary hearing, the commission shall issue findings of fact and conclusions of
44 law and order the emergency suspension or r estriction to rem ain in full for ce and effect
45 pending a disciplinary hearing befor e the department. The department shall hold a
46 hearing following the certification of the re cord by the administrative hearing
47 commission and may impose discipline otherwise authorized by state law .
48 5. Any action under this section shall be in addition to and not in lieu of any
49 discipline otherwise in the department's power to impose and may be br ought
50 concurr ently with other actions.
51 6. If the administrative hearing commission does not grant an initial order
52 imposing an emergency suspension or r estriction of the license as described in
53 subsection 3 of this section, the department shall rem ove all ref erence to such emergency
54 suspension or res triction fr om its public reco rds.
196.31 12. 1. The department may adopt rules to implement sections 196.3070 to
2 196.31 12. The rules shall be narr owly tailored to addr ess a demonstrable health or
3 safety risk.
4 2. The department shall not adopt rules that serve to:
5 (1) Limit the number of mobile food vendor licenses the department may issue;
6 (2) Addr ess the hours of operation for mobile food vendors;
7 (3) Restrict a mobile food vendor's pr opane capacity below the capacity state
8 law allows for commer cial vehicles;
9 (4) Require a mobile food vendor to operate outside a specific perimeter of a
10 commer cial establishment or res taurant;
11 (5) Requir e a mobile food vendor to enter into any agre ement with a commer cial
12 establishment or r estaurant except as necessary to prop erly dispose of grease and other
13 cooking waste;
14 (6) Require a mobile food unit to have an operational handwashing sink if the
15 vendor sells only pr epackaged food;
16 (7) Require a mobile food vendor to associate with a commissary if the mobile
17 food unit carries the equipment necessary to comply with state law and prop erly
18 disposes of grea se and other cooking waste;
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19 (8) Require a mobile food unit to be in constant motion except when serving
20 customers;
21 (9) Requir e a mobile food vendor to submit a mobile food unit to an additional
22 fir e inspection if the vendor demonstrates that the mobile food unit passed a state or
23 local fir e inspection within the preced ing twelve months;
24 (10) Require a mobile food vendor to submit to health inspections other than an
25 inspection the department, or a local authority under a collaborative agreement,
26 conducts unless the department is investigating a r eported foodborne illness; or
27 (1 1) Impose inspection, equipment, or operational requi rem ents beyond those
28 established by the department under state law .
29 3. Any rule or portion of a rule, as that term is defined in section 536.010, that is
30 cr eated under the authority delegated in this section shall become effective only if it
31 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
32 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
33 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
34 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
35 then the grant of rulemaking authority and any rule pro posed or adopted after August
36 28, 2026, shall be invalid and void.
✔
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