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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4121 By: Fetgatter
AS INTRODUCED
An Act relating to mobile food preparation vehicles;
amending Section 1, Chapter 106, O.S.L. 2024, as
amended by Section 1, Chapter 342, O.S.L. 2025 (74
O.S. Supp. 2025, Section 325.20), which relates to
mobile food establishments, fire and life safety code
compliance, permit, inspection, and rules; removing
annual operation permit decal to mobile food
preparation vehicles; providing licensure conditions;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 106, O.S.L.
2024, as amended by Section 1, Chapter 342, O.S.L. 2025 (74 O.S.
Supp. 2025, Section 325.20), is amended to read as follows:
Section 325.20. A. All mobile food preparation vehicles
operating within this state prior to July 1, 2024, that are capable
of producing smoke or grease-laden vapors shall be in compliance
with the most current adopted fire code. With the exception of an
automatic fire extinguishing system, such requirement shall apply to
vehicles including, but not limited to, vehicles utilizing electric
energy, liquefied petroleum gas, compressed natural gas, or a
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combination thereof for cooking, provided that portable fire
extinguishers are installed and maintained in accordance with the
most current version of NFPA 10: Standard for Portable Fire
Extinguishers. A six-liter Class K-rated, portable fire
extinguisher is required for all cooking equipment involving solid
fuels, vegetable or animal oils and fats, or a combination thereof.
All portable fire extinguishers shall be in clear view and
immediately available for use.
B. All mobile food preparation vehicles utilizing, handling, or
transporting liquefied petroleum gas or any liquefied petroleum gas
system, equipment, container, apparatus, or appliance shall receive
and maintain a permit from, and be inspected annually by, the
Oklahoma Liquefied Petroleum Gas Administration or its employees, in
conjunction with the State Fire Marshal issuing an annual operation
permit decal to mobile food preparation vehicles will work with
state and local fire and health safety requirements as a condition
of licensure and operation.
C. The provisions in subsection A of this section shall expire
on January 1, 2026, and all mobile food preparation vehicles shall
comply with the most current adopted fire codes set forth by this
state.
D. Mobile food preparation vehicles shall be under the
jurisdiction of the State Fire Marshal for fire and life safety code
compliance and shall be inspected annually by the State Fire Marshal
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to ensure compliance with the latest version of the state-adopted
minimum codes for fire and life safety as adopted by the Oklahoma
Uniform Building Code Commission. The State Fire Marshal shall
coordinate, at minimum, annual inspections conducted:
1. Within each of the four quadrants of this state; and
2. Twice within each county with a population exceeding four
hundred thousand (400,000) according to the latest Federal Decennial
Census.
E. Upon approval, the State Fire Marshal shall issue an
operational permit decal indicating that the vehicle meets the
minimum fire and life code requirements adopted at the time of
inspection.
F. Nothing in this section shall prevent:
1. The State Fire Marshal from enforcing the minimum fire code
requirements as allowed by law and revoking the operations of a
mobile food preparation vehicle for cause when such vehicle is
determined to be inherently dangerous to the health, safety, or
welfare of persons within this state;
2. A political subdivision from enforcing the event permits,
operational fees, land use regulations, zoning, or other ordinances
in relation to the operation of a mobile food preparation vehicle
within the boundaries of the political subdivision; or
3. The State Department of Health from licensing and regulating
mobile food preparation vehicles as provided by the provisions of
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Title 63 of the Oklahoma Statutes and rules promulgated by the State
Commissioner of Health.
G. The State Fire Marshal may promulgate rules necessary to
implement the provisions of this section. Such rules shall have
uniform force and effect throughout this state and no political
subdivision or other agency shall enact or enforce any fire or life
safety code-related ordinances, rules, or other requirements for
mobile food preparation vehicles, except in a county with a
population exceeding four hundred thousand (400,000) according to
the latest Federal Decennial Census.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15459 TJ 12/23/25