OklahomaHB 1076Oklahoma 2026 Regular SessionHouseWALLET

Public health and safety; creating the Food Truck Freedom Act; State Commissioner of Health; rules; local authorities; administrative hearing; penalties; appeals process; definitions; terms; food establishment license; mobile food vendors; locations; effective date.

Sponsored By: Derrick Hildebrant (Republican)

Signed by Governor

Senate Committee

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 1 costs, 4 mixed.

Fewer costly rules for food vendors

Local authorities cannot block properly licensed mobile food vendors that follow the act and other nonconflicting laws. State and local rules cannot require minimum distances from businesses, business agreements, fingerprinting, GPS tracking, or constant movement. State rules also cannot cap vendor numbers or require handwashing sinks for vendors serving only prepackaged food without opening or preparing it. Vendors with adequate sanitation equipment cannot be forced to use a separate food preparation facility. Extra permits and insurance or bonds naming local authorities are restricted, with exceptions for license recognition, permitted events, and public parks. Health inspection fees are banned, and local license or permit fees cannot exceed the cost of issuing them. Routine health inspections are limited to two per year; exceptions cover prior violations, illness or imminent hazards, and nonobstructive food-safety spot checks. Extra inspections outside state or joint inspections are restricted, and fire-inspection rules generally accept proof of compliance from the past year.

Food vendors gain locations with limits

After completing local license recognition, mobile food vendors can work at locally allowed locations and on qualifying private property. Private property must be in a district allowing food service, with permission from the owner, owner's designee, or lessor. In residential districts, residents must invite vendors to serve them or their guests. Vendors can operate at a given residence for no more than 12 days per year and cannot cause a nuisance.

Food vendors get shared licensing rules

Beginning November 1, 2025, Oklahoma recognizes mobile food vendor licenses across state and local systems. Vendors seeking to operate in counties with city-county health departments must get a local food establishment license. That license counts as a state license. Before working in another local area, vendors must submit their license and meet any applicable, nonconflicting local licensing rules. Local authorities must authorize operation within five business days after receiving the license and verifying compliance with nonconflicting local rules.

Food vendors can challenge license actions

Mobile food vendors notified of possible state license suspension or revocation can request an administrative hearing. A person harmed by the health department's decision after that hearing can appeal. Hearings and appeals follow Oklahoma's Administrative Procedures Act and applicable rules.

Unlicensed food vendors face civil penalties

The Oklahoma State Department of Health can issue civil penalties for mobile food vending without a license. Penalties also apply to operation while a license is suspended or after it is revoked. This provision does not state a penalty amount.

Food vendors face bounded operating rules

Mobile food vendors must keep traffic paths clear, maintain vehicles, and visibly display their state license. They must provide a visible customer waste bin, encourage its use, and remove refuse within 25 feet after operating. For temporary mass gatherings, vendors must notify the state health department and local authority at least 10 business days ahead. The notice must give operating dates. State park vending requires a contract or lease approved by the Oklahoma Tourism and Recreation Commission. Local authorities can regulate public park use, blocked property access, and devices exceeding 75 decibels measured 23 feet away during certain hours. They can charge for metered-parking passes, investigate foodborne illness, report suspected violations, and issue lawful citations or penalties. Additional local rules must address health or safety, stay within municipal powers, and not conflict with the act.

State sets food business license fees

Beginning November 1, 2025, the state health commissioner can set the annual food establishment license fee. Fees can be set by rule or as provided in the licensing law. This provision states no fee amount and does not establish an increase or decrease.

Sponsors & Cosponsors

Sponsor

Derrick Hildebrant
Republican • House

Cosponsors

Stacy Jo Adams
Republican • House
Nick Archer
Republican • House
Scott Fetgatter
Republican • House
Christi Gillespie
Republican • Senate
Tammy Townley
Republican • House

Roll Call Votes

All Roll Calls

Yes: 187 • No: 15

Senate vote • 4/29/2025

SENATE

Yes: 34 • No: 5

Senate vote • 4/29/2025

THIRD READING

Yes: 41 • No: 4

Senate vote • 4/14/2025

Committee vote: Health & Human Services

Yes: 9 • No: 3

House vote • 3/13/2025

THIRD READING

Yes: 85 • No: 3

House vote • 3/3/2025

DO PASS

Yes: 12 • No: 0

House vote • 2/24/2025