Okla. Stat. tit. 63, § 63-1-1150

Promulgation of rules.

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 591

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

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;

4. Limit the number of licensed mobile food vendors;
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;

4. Limit the number of licensed mobile food vendors;

Oklahoma Statutes - Title 63. Public Health and Safety Page 592

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

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.