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SECOND REGULAR SESSION
SENATE BILL NO. 1631
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
6809S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 196, RSMo, by adding thereto one new section relating to mobile food vendor
licenses.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 196, RSMo, is amended by adding thereto 1
one new section, to be known as section 196.273, to read as 2
follows:3
196.273. 1. As used in this section, the following 1
terms mean: 2
(1) "Department", the department of health and senior 3
services; 4
(2) "Local authority", a municipality, county, public 5
health authority, or any other political subdivision of this 6
state; 7
(3) "Mobile food unit", any vehicle, trailer, cart, or 8
other conveyance that operates as a food service 9
establishment and is designed to be readily moveable; 10
(4) "Mobile food vendor", any person who dispenses 11
food or beverages from a mobile food unit for immediate 12
service or consumption; 13
(5) "Prepackaged food", any commercially-labeled and 14
processed food that is prepackaged to prevent direct human 15
contact with the food product on distribution from the 16
manufacturer, food facility, or other approved source. 17
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2. (1) A person shall not operate as a mobile food 18
vendor in this state unless he holds a mobile food vendor 19
license issued by the department. A separate license shall 20
be required for each mobile food unit that a mobile food 21
vendor operates. 22
(2) A license issued by the department under this 23
section shall be valid throughout the state and authorizes 24
operation in any jurisdiction, subject to compliance with 25
the provisions of this section. A local authority shall not 26
prohibit the operation of a mobile food vendor in its 27
jurisdiction if the vendor holds a license issued under this 28
section and complies with all other state and local laws not 29
otherwise in conflict with the provisions of this section. 30
3. The department shall develop a written application 31
for a mobile food vendor license and shall make the 32
application available to applicants in person and on the 33
department's website. The application shall include, at a 34
minimum, the following: 35
(1) The applicant's name, address, and telephone 36
number; 37
(2) The name, address, and telephone number of any 38
associated entity or organization that the applicant is 39
representing and copies of documents verifying that 40
relationship; 41
(3) The applicant's primary residence and business 42
addresses during the twelve months preceding the date of the 43
application; 44
(4) The food or beverages that the applicant proposes 45
to sell to enable the department to establish the 46
applicant's food-type classification; 47
(5) A statement of whether the applicant has 48
previously been denied a mobile food vendor license or has 49
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had a mobile food vendor license suspended or revoked in 50
another state or local jurisdiction, including the reasons 51
for any denial, suspension, or revocation; and 52
(6) The mobile food unit's vehicle license number, 53
description, identification number, registration, proof of 54
vehicle insurance, and proof of any additional licenses or 55
permits required under state law. 56
4. An applicant may submit one application for all 57
mobile units to be licensed under this section. An 58
applicant's failure to submit a complete application may 59
result in the denial of a license. An applicant shall not 60
intentionally provide false information or intentionally 61
omit requested information on an application. 62
5. The department shall develop a guide on mobile food 63
vendor licensing procedures, which shall be available at the 64
department's office and on the department's website. The 65
guide shall include, at a minimum, the following: 66
(1) Instructions for obtaining, maintaining, and 67
renewing a mobile food vendor license; and 68
(2) A description of the department's standards for 69
inspecting a mobile food unit. 70
6. No later than the fourteenth calendar day following 71
receipt of a completed mobile food vendor license 72
application by the department, the department or a local 73
authority acting under a collaborative agreement under 74
subsection 11 of this section shall conduct a health 75
inspection of each of the applicant's mobile food units 76
listed on the application. The department shall not issue a 77
license to an applicant whose mobile food unit does not pass 78
a health inspection. The department shall ensure that an 79
applicant's mobile food unit is safe for preparing, 80
handling, and selling food, and that an applicant is in 81
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compliance with all applicable laws of this state. The 82
department may set forth the standards for health 83
inspections by regulation. 84
7. (1) The department shall issue a mobile food 85
vendor license to an applicant who submits a complete 86
application, pays any required fee, and meets the 87
department's licensing requirements and whose mobile food 88
unit passes a health inspection. A license issued under 89
this section shall be renewable annually upon receipt of a 90
license renewal application before the expiration of the 91
previous license. Before the expiration of the license, the 92
department shall send notice of its expiration to the mobile 93
food vendor. A mobile food vendor may continue to operate 94
while the renewal application is pending with the department. 95
(2) A mobile food vendor shall display the mobile food 96
vendor license and health inspection certificate in a 97
conspicuous location for public view. 98
(3) A mobile food vendor license issued under this 99
section shall not be transferrable and shall not authorize 100
the activities of any person other than the person who holds 101
the license. The recipient of any transferred mobile food 102
vendor business assets shall apply for and obtain a new 103
mobile food vendor license before operating as a mobile food 104
vendor. 105
(4) The sale of one mobile food unit identified in a 106
mobile food vendor license application, when replaced by 107
another mobile food unit, shall not invalidate the license 108
or require the issuance of a new license. A license holder 109
who replaces a mobile food unit with another unit shall 110
provide the department with the information required under 111
subsection 3 of this section and shall have the replacement 112
unit inspected as required under subsection 6 of this 113
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section. The inspection shall be conducted as soon as 114
practicable, but no later than the fourteenth calendar day 115
after the date the department receives the information 116
required under this subsection. 117
8. (1) The department may charge a fee for each 118
mobile food vendor license application submitted and each 119
license issued or renewed under this section. The 120
department may establish a schedule of fees based on the 121
license classification described in subsection 9 of this 122
section. Fees set by the department shall not exceed the 123
amount necessary to cover the costs of administration of 124
this section. 125
(2) The department may charge a fee for a health 126
inspection of an applicant's mobile food unit required under 127
subsection 6 of this section; provided, the fee does not 128
exceed the amount necessary to cover the costs of conducting 129
the inspection. 130
9. The department shall establish by rule the 131
following classifications for mobile food vendors for 132
purposes of conducting health inspections as follows: 133
(1) Mobile food type I vendor for a vendor who 134
dispenses prepackaged foods, does not dispense time or 135
temperature control safety beverages, or poses a low risk of 136
harm to the public; 137
(2) Mobile food type II vendor for a vendor who 138
dispenses food that requires limited handling and 139
preparation; 140
(3) Mobile food type III vendor for a vendor who 141
prepares, cooks, holds, and serves food from a mobile food 142
unit. 143
10. The rules adopted under this section shall specify 144
the categories of foods or beverages that mobile food 145
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vendors in each classification may serve. A mobile food 146
vendor who seeks to serve food or beverages that may require 147
the vendor's reclassification shall notify the department of 148
the nature of the food or beverages to be sold. The 149
department, or a local authority in a collaborative 150
agreement with the department under subsection 11 of this 151
section, may conduct a health inspection and reclassify the 152
vendor in accordance with the rules adopted under this 153
section. 154
11. (1) The department shall ensure that ongoing, 155
randomized inspections are conducted for each mobile food 156
unit based on the mobile food vendor's classification and 157
previous health inspection results. Upon the request of a 158
local authority, the department may enter into a 159
collaborative agreement with the local authority for 160
conducting health inspections. The department shall 161
reimburse the local authority using moneys collected for 162
health inspection fees under subsection 8 of this section. 163
(2) On a frequency to be determined by the department, 164
a mobile food vendor shall make available to the department 165
a list of all locations at which the vendor intends to 166
operate, to the best of the vendor's knowledge. 167
12. (1) The department or a local authority may 168
investigate a mobile food vendor upon reasonable suspicion 169
that the vendor is violating the provisions of this section 170
or upon receipt of a health or safety complaint. The local 171
authority shall report suspected violations of state law to 172
the department and may recommend that the department suspend 173
or revoke a mobile food vendor license. The mobile food 174
vendor shall cooperate with the department or the local 175
authority during an investigation. Failure to cooperate may 176
result in the suspension or revocation of a license. 177
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(2) The provisions of this section shall not be 178
construed to impede the department or a local authority when 179
conducting an investigation of a reported food-borne illness. 180
13. The department may deny, suspend, or revoke a 181
mobile food vendor license only if the applicant or license 182
holder commits one or more of the following: 183
(1) Violates the provisions of this section or a rule 184
adopted under this section; 185
(2) Obtains a license by means of fraud, 186
misrepresentation, or concealment of a material fact; 187
(3) Commits fraud or makes a misrepresentation or 188
false statement in connection with the sale of food or 189
beverages while operating as a mobile food vendor; or 190
(4) Other material facts or conditions related to the 191
applicant or application provide reasonable justification 192
for the denial, suspension, or revocation of the license, as 193
determined by the department. 194
14. (1) The department shall provide written notice 195
to an applicant or license holder that the applicant's 196
mobile food vendor application has been denied or that the 197
license may be suspended or revoked. The applicant or 198
license holder may seek a review of any official action of 199
the department that aggrieves the applicant or license 200
holder, including denial, suspension, or revocation, before 201
the administrative hearing commission, as provided in 202
chapter 621. 203
(2) The department may issue an emergency order to 204
suspend a mobile food vendor license if the department has 205
reasonable cause to believe that a license holder's 206
operations pose an imminent threat to the public's health 207
and safety. An emergency suspension order is effective 208
immediately without a hearing on notice to the license 209
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holder and shall state the length of the suspension. Such 210
emergency orders shall be subject to review before the 211
administrative hearing commission under chapter 621. 212
15. The department shall adopt rules and regulations 213
to implement the provisions of this section; provided, such 214
rules shall not have the following effects: 215
(1) Limit the number of mobile food vendor licenses 216
that the department may issue; 217
(2) Address the hours of operations for mobile food 218
vendors; 219
(3) Restrict a mobile food vendor's propane capacity 220
below the capacity that state law allows for commercial 221
vehicles; 222
(4) Require a mobile food vendor to operate outside of 223
a specific perimeter of a commercial establishment or 224
restaurant; 225
(5) Require a mobile food vendor to enter into any 226
agreement with a commercial establishment or restaurant, 227
except as necessary to properly dispose of grease and other 228
cooking waste; 229
(6) Require a mobile food vendor to have an 230
operational hand-washing sink if the vendor sells only 231
prepackaged food; 232
(7) Require a mobile food vendor to associate with a 233
commissary if the mobile food unit carries the equipment 234
necessary to comply with state law and properly disposes of 235
grease and other cooking waste; 236
(8) Require a mobile food unit to be in constant 237
motion except when serving customers; 238
(9) Require a mobile food vendor to submit to an 239
additional fire inspection of a mobile food unit if the 240
vendor demonstrates that the mobile food unit has passed a 241
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state or local fire inspection within the preceding twelve 242
months; 243
(10) Require a mobile food vendor to submit to a 244
health inspection other than an inspection that the 245
department, or a local authority under a collaborative 246
agreement, conducts, unless the department is investigating 247
a reported food-borne illness; and 248
(11) Impose inspections, equipment, or operational 249
requirements beyond those established by the department 250
under state law. 251
Any rule or portion of a rule, as that term is defined in 252
section 536.010, that is created under the authority 253
delegated in this section shall become effective only if it 254
complies with and is subject to all of the provisions of 255
chapter 536 and, if applicable, section 536.028. This 256
section and chapter 536 are nonseverable and if any of the 257
powers vested with the general assembly pursuant to chapter 258
536 to review, to delay the effective date, or to disapprove 259
and annul a rule are subsequently held unconstitutional, 260
then the grant of rulemaking authority and any rule proposed 261
or adopted after August 28, 2026, shall be invalid and void. 262
16. (1) Notwithstanding any provision of law to the 263
contrary, the provisions of this section shall preempt any 264
local ordinance, rule, or regulation relating to the 265
licensing or permitting of mobile food vendors or the 266
operation of mobile food units. 267
(2) A local authority shall not require a mobile food 268
vendor holding a valid mobile food vendor license under this 269
section to obtain an additional local permit or license as a 270
condition of operating a mobile food unit. 271
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(3) A local authority shall not adopt or enforce any 272
ordinance, regulation, or rule that conflicts with or 273
imposes requirements inconsistent with the mobile food 274
vendor license issued under this section. 275
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