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25LSO-0732
2025
STATE OF WYOMING
25LSO-0732
Numbered
2.0
HOUSE BILL NO. HB0266
Food truck licensing-statewide application.
Sponsored by: Representative(s) Larson, JT, Andrew, Williams and Wylie and Senator(s) Barlow, Nethercott and Salazar
A BILL
for
AN ACT relating to public health and safety; authorizing food trucks to operate throughout the state as specified; making conforming amendments; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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7
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128 is created to read:
35
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7
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128.
Food truck licenses; requirements.
(a)
As used in this section, "food truck" means a fully encased food establishment on a motor vehicle or trailer that is pulled by a motor vehicle from which a person, from within the frame of the vehicle or trailer, prepares, cooks, sells or serves food or beverages for immediate human consumption. "Food truck" shall not include a pushcart or an ice cream truck.
(b)
If a food truck is licensed to operate under any ordinance, rule or regulation in a Wyoming county, city or town, that license shall be valid and recognized throughout the state.
(c)
Food trucks shall at all times be able to provide satisfactory evidence of the following:
(i)
A license from the department of agriculture, a local health department or local health officer for processing, distributing, storing or preparing food for sale pursuant to W.S. 35
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7
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124;
(ii)
If required, a sales tax license from the department of revenue pursuant to W.S. 39
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15
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106;
(iii)
Compliance with reasonable fire safety standards for food trucks as determined by rule of the department;
(iv)
Compliance with other applicable federal and state laws or regulations governing the operation of a food truck or commercial establishment.
Section 2
.
W.S. 35
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7
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110(a)(xi), (xxxi)(intro) and (xxxii) is amended to read:
35
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7
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110.
Definitions.
(a)
As used in this act:
(xi)
"Establishment" means and includes any place or any area of any establishment
, including a food truck as defined in W.S. 35
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7
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128(a),
in which foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored. "Establishment" does not include a home kitchen where food is prepared and stored for family consumption, or any other place equipped for the preparation, consumption and storage of food on the premise by employees or nonpaying guests;
(xxxi)
"Commercial food establishment" means and includes any place or any area of any establishment that is a wholesale or retail business
, including a food truck as defined in W.S. 35
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7
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128(a),
where foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored. "Commercial food establishment" shall not include:
(xxxii)
"This act" means W.S. 35
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7
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109 through
35
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7
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126
35
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7
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128
.
Section 3
.
The department of agriculture and department of health shall promulgate all rules necessary to implement the provisions of this act.
Section 4.
(a)
Except as provided by subsection (b) of this section, this act is effective July 1, 2025
.
(b)
Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0266