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An Act
ENROLLED HOUSE
BILL NO. 1076 By: Hildebrant, Townley,
Fetgatter, Archer, and
Adams of the House
and
Gillespie of the Senate
An Act relating to public health and safety; creating
the Food Truck Freedom Act; authorizing the State
Commissioner of Health to promulgate rules;
authorizing local authorities to regulate mobile food
vendors; allowing administrative hearing upon
suspension or revocation of certain license;
establishing penalties; providing appeals process;
amending 63 O.S. 2021, Section 1-1101, which relates
to definitions; defining terms; amending 63 O.S.
2021, Section 1-1118, as last amended by Section 135,
Chapter 452, O.S.L. 2024 (63 O.S. Supp. 2024, Section
1-1118), which relates to food establishment license,
exemptions, expiration license, fee-exempt license,
reasonable standards and rules for sanitation;
allowing mobile food vendors to operate in certain
locations; requiring mobile food vendors to operate
in a certain manner; providing for noncodification;
providing for codification; and providing an
effective date.
SUBJECT: Public health and safety
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Food Truck
Freedom Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1150 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A mobile food vendor with a food establishment license
required under Section 1-1118 of Title 63 of the Oklahoma Statutes
is authorized to operate in this state subject to this section.
Mobile food vendors shall follow all state and local laws and
regulations governing operations in the jurisdiction where the
vendor is operating that are not in conflict with this act.
B. A mobile food vendor with a food establishment license
required under Section 1-1118 of Title 63 of the Oklahoma Statutes
shall provide a copy of its state license to a local authority for
recognition by the local authority before operating in the local
authority's jurisdiction. The local authority shall recognize a
lawful and valid state license and authorize the mobile food vendor
to operate in its jurisdiction within five (5) business days of
receipt of the state license and verification of compliance with
local regulations not in conflict with this act. Such recognition
and authorization may include issuing a local license or permit to
the mobile food vendor. Any local license or permit issued shall
not impose additional requirements that conflict with this act.
C. Upon compliance with subsection B of this section, a mobile
food vendor may operate in the following locations:
1. Any location allowed by the local authority; and
2. On private property under the following circumstances:
a. the property is located in a zoning district where
food service establishments are permitted to operate
and the vendor has permission of the property owner,
designee, or lessor,
b. the property is located in a residential zoning
district and the mobile food vendor has been invited
by a resident or group of residents in that district
to operate on their property for the purpose of
serving food to that resident, group of residents, or
their guests; provided, that the operation of mobile
food vendors on the subject property not exceed twelve
(12) days per year, and
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c. the mobile food vendor would not cause a nuisance.
D. A mobile food vendor shall not operate in any manner which
will interfere with or obstruct the free passage of pedestrians or
vehicles along any street, sidewalk, or parkway.
E. A mobile food vendor shall not operate in a state park
without having a contract or lease agreement approved by the
Oklahoma Tourism and Recreation Commission.
F. When operating, a mobile food vendor shall:
1. Maintain a food vending vehicle in good operating order;
2. Provide a waste receptacle for customers that is visible and
request that customers use it;
3. Remove and dispose of all refuse within a twenty-five-foot
radius of the mobile food vendor's operating area at the conclusion
of operation;
4. Display the mobile food vendor's food establishment license
in a conspicuous location for public view; and
5. If serving food at a temporary mass gathering, notify the
State Department of Health and the local authority in the
jurisdiction where the gathering is to be located of the dates the
mobile food vendor will operate at the temporary mass gathering at
least ten (10) business days prior to the gathering.
G. The State Commissioner of Health may promulgate rules to
enforce the provisions of this section. Rules adopted shall not:
1. Require a mobile food vendor to operate a specific distance
from the perimeter of an existing commercial establishment or to
enter into any agreement with a commercial establishment;
2. Require a mobile food vendor that serves only prepackaged
food or that does not prepare or open food to have a handwashing
sink in the food vending vehicle;
3. Require a mobile food vendor to associate with a commissary
if the vendor carries all the equipment necessary to comply with
health and safety standards and applicable regulations;
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4. Limit the number of licensed mobile food vendors;
5. Require a mobile food vendor to obtain any additional
permits from a local authority unless the mobile food vendor seeks
to operate at an event which is permitted by a local authority or in
a local, public park;
6. Require a mobile food vendor to be fingerprinted or to
install a Global Positioning System (GPS) tracking device on the
vendor's vehicle;
7. Require a mobile food vendor to stay in constant motion
except for when serving customers;
8. Require a mobile food vendor to change locations unless the
vendor is operating in violation of this act;
9. Require a mobile food vendor to maintain insurance that
names a local authority as an additional insured unless the vendor
is operating at an event sponsored by the local authority or
operating in a local, public park;
10. Require a mobile food vendor to maintain a bond that names
a local authority as a beneficiary unless the vendor is operating at
an event sponsored by the local authority or operating in a local,
public park;
11. Require a mobile food vendor to submit to health
inspections beyond health inspections conducted by the Department or
by a local authority collaborating with the Department, unless the
Department is investigating a reported foodborne illness, or
addressing a complaint of an imminent health or safety hazard to the
public;
12. Require a health inspection of a food vending vehicle more
than twice per year unless the Department is ensuring a mobile food
vendor has corrected a violation detected during a prior inspection,
is investigating a reported foodborne illness, or is conducting a
nonobstructive spot inspection to ensure food safety;
13. Charge a mobile food vendor fees for a health inspection;
or
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14. Require a mobile food vendor to submit to a state fire
inspection if the vendor can demonstrate it passed a state or local
fire inspection in the previous twelve (12) months.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1151 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The local authority may regulate mobile food vendors in
accordance with this section. In relation to a mobile food vendor's
operations, a local authority may:
1. Restrict the operation of a noisemaking device that exceeds
seventy-five (75) decibels measured at twenty-three (23) feet from
the food vending vehicle during certain hours of the day;
2. Restrict a mobile food vendor from operating in a public
park or require a special permit and payment of fees to operate in a
public park;
3. Prohibit a mobile food vendor from blocking or restricting
ingress to or egress from private property;
4. Develop a mobile food vendor metered parking pass for a fee
that permits a mobile food vendor to operate from metered parking
spaces for longer than the vendor would otherwise be permitted;
5. Investigate reports of foodborne illnesses;
6. Report a mobile food vendor's suspected violation of this
act to the State Department of Health;
7. Issue citations and penalties to mobile food vendors for
violations of state and local law not inconsistent with this act;
and
8. Adopt and enforce other regulations in conformity to
municipal powers that are not inconsistent with this act. Any
regulation regarding mobile food vendors must address public health
or safety risks.
B. In relation to a mobile food vendor's operations, a local
authority may not:
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1. Prohibit a mobile food vendor from lawfully operating in its
jurisdiction if the vendor holds a food establishment license
required under Section 1-1118 of Title 63 of the Oklahoma Statutes
and is in compliance with this act and all other state and local
laws not in conflict with this act;
2. Require a mobile food vendor to obtain any license or permit
from the local authority to operate a food vending vehicle unless:
a. the local authority is issuing a local license in
recognition of a state license under subsection B of
Section 2 of this act,
b. the mobile food vendor seeks to operate at an event
which has been permitted by the local authority, or
c. the mobile food vendor seeks a food establishment
license from a local authority required by Section 1-
1118 of Title 63 of the Oklahoma Statutes;
3. Require a mobile food vendor that is operating on private
property with the permission of the owner to operate a specific
distance from commercial food or retail establishments;
4. Require a mobile food vendor to enter into any agreement
with commercial food or retail establishments;
5. Require a mobile food vendor to be fingerprinted or to
install a Global Positioning System (GPS) tracking device on the
vendor's vehicle;
6. Require a mobile food vendor to stay in constant motion
except for when serving customers;
7. Require a mobile food vendor to maintain an insurance policy
that names the local authority as an additional insured unless the
vendor is operating at an event sponsored by the local authority or
operating in a local, public park;
8. Require a mobile food vendor to maintain a bond that names a
local authority as a beneficiary unless the vendor is operating at
an event sponsored by the local authority or operating in a local,
public park;
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9. Require a mobile food vendor to submit to health inspections
beyond health inspections conducted by or in collaboration with the
Department, unless the local authority is investigating a reported
foodborne illness or addressing a complaint of an imminent health or
safety hazard to the public;
10. Require a health inspection of a food vending vehicle more
than twice per year unless the local authority, in collaboration
with the Department under this act, is ensuring a mobile food vendor
has corrected a violation detected during a prior inspection, is
investigating a reported foodborne illness, or is conducting a
nonobstructive spot inspection to ensure food safety;
11. Charge a mobile food vendor fees for additional health
inspections;
12. Charge a mobile food vendor fees for any local license or
permit allowed under Section 3 of this act beyond the administrative
cost of issuing the local license or permit;
13. Require a mobile food vendor to submit to a state fire
inspection if the vendor can demonstrate it passed a state fire
inspection in the previous twelve (12) months;
14. Require a mobile food vendor to enter into any agreement
with a commercial establishment or restaurant;
15. Regulate the equipment requirements for a food vending
vehicle; or
16. Require a mobile food vendor to associate with a commissary
if the vendor has all the equipment necessary to comply with state
regulations pertaining to food vending vehicles.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1152 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Any mobile food vendor who has been notified of a possible
suspension or revocation of his or her state license may request an
administrative hearing in accordance with the Administrative
Procedures Act and rules promulgated by the State Commissioner of
Health.
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B. The State Department of Health may issue civil penalties to
a person who operates as a mobile food vendor without a license,
with a suspended license, or after a license is revoked.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1153 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A person aggrieved by a decision of the State Department of
Health following a hearing has the right to appeal the decision as
provided in the Administrative Procedures Act and rules promulgated
by the State Commissioner of Health.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1154 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. This act shall not be construed to require a local authority
to adopt a program regulating mobile food vendors or to modify its
existing program regulating mobile food vendors; provided, the
regulations do not conflict with this act.
B. This act shall not be construed to impede the State
Department of Health or local authority in any investigation of a
reported foodborne illness.
SECTION 7. AMENDATORY 63 O.S. 2021, Section 1-1101, is
amended to read as follows:
Section 1-1101. For the purposes of this article section:
(a) The term "food" means (1) articles used for food or drink
for man, (2) chewing gum, and (3) articles used for components of
any such article
1. The term "food" means:
a. articles used for food or drink for human consumption,
b. chewing gum, and
c. articles used for components of any such article.
(b) 2. The term "label" means a display of written, printed or
graphic matter upon the immediate container of any article; and a
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requirement made by or under authority of this article that any
word, statement, or other information appearing on the label shall
not be considered to be complied with unless such word, statement,
or other information also appears on the outside container or
wrapper, if there be any, of the retail package of such article, or
is easily legible through the outside container or wrapper.
(c) 3. The term "immediate container" does not include package
liners.
(d) The term "labeling" means all labels and other written,
printed or graphic matter (1) upon an article or any of its
containers or wrappers, or (2) accompanying such article
4. The term "labeling" means all labels and other written,
printed or graphic matter:
a. upon an article or any of its containers or wrappers,
or
b. accompanying such article.
(e) 5. If an article is alleged to be misbranded because the
labeling is misleading, or if an advertisement is alleged to be
false because it is misleading, then in determining whether the
labeling or advertisement is misleading there shall be taken into
account (among other things) not only representations made or
suggested by statement, word, design, device, sound, or in any
combination thereof, but also the extent to which the labeling or
advertisement fails to reveal facts material in the light of such
representations or material with respect to consequences which may
result from the use of the article to which the labeling or
advertisement relates, under the conditions of use prescribed in the
labeling or advertisement thereof, or under such conditions of use
as are customary or usual.
(f) 6. The term "advertisement" means all representations
disseminated in any manner or by any means, other than by labeling,
for the purpose of inducing, or which are likely to induce, directly
or indirectly, the purchase of food.
(g) 7. The term "contaminated with filth" applies to any food
not securely protected from dust, dirt, and, as far as may be
necessary by all reasonable means, from all foreign or injurious
contaminations.
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(h) 8. The provisions of this article regarding the selling of
food shall be considered to include the manufacture, production,
processing, packing, exposure, offer, possession, and holding of any
such article for sale; and the sale, dispensing, and giving of any
such article, and the supplying or applying of any such articles in
the conduct of any food establishment.
(i) 9. The term "Federal Act" means the Federal Food, Drug, and
Cosmetic Act.
10. The term "mobile food establishment" means a facility
including a trailer, that prepares food and beverages, is vehicle
mounted, is road-approved by the Department of Transportation
including wheels and axles, is readily movable, and remains at one
physical address for no more than twelve (12) hours at one time,
unless the mobile food establishment is operating on private
property. A mobile food establishment operating on private property
may remain at one physical address for no more than fourteen (14)
days.
11. The term "mobile push cart" means a non-self-propelled food
unit that can be manually moved by an average person without being
vehicle mounted.
12. The term "mobile retail food establishment" means a
licensed enterprise which sells packaged foods from a stationary
display at a location some distance from the establishment but still
at the same physical address for no more than twelve (12) hours;
provided, the licensed unit is on the premises and readily available
for inspection and the food has been prepared in a facility that is
regulated by the good manufacturing practices in Title 21 of the
Code of Federal Regulations or pursuant to Section 310:260 of the
Oklahoma Administrative Code, Good Manufacturing Practice
Regulations, Oklahoma Department of Agriculture, Food, and Forestry,
and United States Department of Agriculture, or this act.
13. The term "mobile food vendor" means any person who
dispenses food or beverages from a mobile food establishment, mobile
push cart, or mobile retail food establishment.
14. The term "mobile food vending" means dispensing food or
beverages from a food vending vehicle.
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15. The term "food vending vehicle" means a mobile food
establishment, mobile push cart, or mobile retail food
establishment.
16. The term "local authority" means any local government
including any town, city, charter city, political subdivision, or
county.
17. The term "public property" means any property owned and
operated by this state or a local authority for the benefit of the
public and includes all rights-of-way contained wholly within any
state or local authority parks.
18. The term "temporary mass gathering" means an actual or
reasonably anticipated assembly of three hundred (300) or more
people for an event that continues, or reasonably can be expected to
continue, for two (2) or more hours per day.
19. The term "nonobstructive spot inspection" means an
inspection of a mobile food establishment at a temporary mass
gathering that is conducted, if practicable, before the start of the
temporary mass gathering and that does not exceed ten (10) minutes
in length if conducted during a high-traffic time of the gathering.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 1-1118, as
last amended by Section 135, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
2024, Section 1-1118), is amended to read as follows:
Section 1-1118. A. It shall be unlawful for any person to
operate or maintain any establishment, stationary or otherwise,
where food or drink is offered for sale, or sold, to the public,
unless the person is the holder of a food establishment license
issued for such purpose by the State Commissioner of Health or
designee. A mobile food vendor that seeks to operate in a county
that is governed by a city-county health department shall obtain a
food establishment license from the local authority. This food
establishment license shall be recognized by the State Commissioner
of Health and all local authorities as a state food establishment
license for purposes of this title. A food establishment license
shall permit the mobile food vendor to operate in any local
authority's jurisdiction upon the local authority's recognition of
the license, the issuance of any relevant local license, and the
vendor's compliance with all other municipal provisions not in
conflict with this act. A food establishment license shall not be
required for:
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1. A produce stand that offers only whole, uncut and
unprocessed fresh fruits, melons, vegetables and legumes and/or
whole uncracked and unprocessed nuts;
2. A manufacturer, wholesaler or broker of food licensed
pursuant to Section 1-1119 of this title;
3. A kitchen in a private home if only food that does not
require time and temperature control for safety is prepared for sale
or service at a function such as a nonprofit civic, charitable or
religious organization's bake sale;
4. An area where food that is prepared as specified in
paragraph 3 of this subsection is sold or offered for human
consumption;
5. A private home that receives catered or home-delivered food;
6. A hotel licensed pursuant to Section 1-1201 of this title
which provides limited food service in compliance with rules
promulgated by the State Commissioner of Health;
7. A kitchen in a private home or in a bed and breakfast that
prepares and offers food to guests, if the home is owner-occupied,
the number of available guest bedrooms does not exceed four, and
breakfast is the only meal offered;
8. A nonprofit civic, charitable or religious organization
using unpaid individuals to prepare or serve food on its behalf, for
occasional fundraising events sponsored and conducted by the
organization. For the purposes of this paragraph, an "occasional
fund-raising fundraising event" shall be defined as an event that
occurs four times a year or less;
9. Day care centers or family day care centers, and all other
child care facilities as defined and licensed pursuant to the
provisions of the Oklahoma Child Care Facilities Licensing Act;
10. Nursing facilities and specialized facilities, as defined
in and licensed pursuant to the provisions of the Nursing Home Care
Act, residential care homes as defined by the Residential Care Act,
adult day care centers as defined by the Adult Day Care Act, and
assisted living centers and continuum of care facilities licensed
pursuant to the Continuum of Care and Assisted Living Act;
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11. Vendors at farmers markets selling frozen meat that is
either kept refrigerated or on ice; and
12. Other establishments exempted from food establishment
licensure pursuant to state law.
B. Each license shall expire one (1) year following the date of
its issuance. The State Department of Health shall charge and
collect for each such license an annual fee to be fixed by the State
Commissioner of Health by rule or as provided for in this section.
1. The Commissioner may provide by rule for a fee-exempt
license for a food establishment operated by a nonprofit, civic,
charitable or religious organization that uses unpaid persons to
sell or offer food on a more frequent basis than the occasional
fundraising event. A fee-exempt license shall not expire but shall
remain in full force and effect until affirmatively revoked,
suspended, annulled or withdrawn by the Department in accordance
with applicable law.
2. The Commissioner may by rule also provide that licenses for
establishments serving events of limited duration or operating on a
seasonal basis shall extend only for the term of the event or
season, and may by rule adjust the fees for such licenses
accordingly.
3. The Commissioner shall provide by rule a three-day license
for vendors who only sell at farmers markets as defined in 310:257-
1-2 of the Oklahoma Administrative Code or at county fairs.
Licenses for vendors who only sell at farmers markets or county
fairs shall not exceed Fifty Dollars ($50.00). Vendors who do not
sell food and vendors who meet the exceptions provided in subsection
A of this section shall not be required to obtain a three-day
license or a food establishment license.
4. The Commissioner shall provide by rule a multiseasonal
license for snow cone stands that sell hot beverages in addition to
snow cones. A snow cone stand that does not sell hot beverages
shall be considered a seasonal food establishment.
C. The State Commissioner of Health shall promulgate reasonable
standards and rules for sanitation of establishments required to be
licensed, which shall include the following: buildings, vehicles,
and appurtenances thereto, including plumbing, ventilation and
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lighting; construction, cleanliness and bactericidal treatment of
equipment and utensils; cleanliness, wholesomeness, storage and
refrigeration of food and drink sold or served; cleanliness and
hygiene of personnel; toilet facilities; disposal of waste; water
supply; and other items deemed necessary to safeguard the health,
comfort, and safety of customers.
SECTION 9. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 13th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________