HB 1409

                                                             Introduced Version
           HOUSE BILL No. 1409
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-42-28.
Synopsis: Mobile retail food establishment operations. Provides that
provisions establishing a statewide mobile retail food establishment
license may not be construed to prohibit an owner or operator of a
mobile retail food establishment from complying with: (1) the
collection and reporting requirements relating to food or beverage
taxes; or (2) obtaining applicable municipal business permits or
complying with municipal ordinances or requirements regulating the
business operations of mobile retail food establishments.
Effective: Upon passage.
                                  King
   January 8, 2026, read first time and referred to Committee on Public Health.
2026  IN 1409—LS 6827/DI 116
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1409
    A BILL FOR AN ACT to amend the Indiana Code concerning
 health.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 16-42-28-7, AS ADDED BY P.L.235-2025,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 7. (a) An owner or operator of a mobile retail
4 food establishment issued a statewide mobile retail food establishment
5 license is not:
6(1) required to obtain a county or local health or safety license
7or permit; or
8(2) required to pay a county or local health or safety:
9(A) inspection fee; or
10(B) license or permit fee.
11     (b) Nothing in this section may be construed to prohibit an
12 owner or operator of a mobile retail food establishment from
13 complying with:
14(1) the collection and reporting requirements relating to food
15or beverage taxes imposed under IC 6-9; or
16(2) obtaining applicable municipal business permits or
17complying with municipal ordinances or requirements
 2026  IN 1409—LS 6827/DI 116
                                    2
1regulating the business operations of mobile retail food
2establishments.
3    SECTION 2. IC 16-42-28-8, AS ADDED BY P.L.235-2025,
4 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 8. (a) Beginning January 1, 2027, a local
6 health department shall:
7(1) receive applications for statewide mobile retail food
8establishment licenses;
9(2) collect annual license fees and inspection fees authorized
10under this chapter and distribute those fees in accordance with
11section 5(b) of this chapter;
12(3) issue statewide mobile retail food establishment licenses; and
13(4) conduct at least semiannual inspections of a mobile retail food
14establishment that is issued a statewide mobile retail food
15establishment license.
16    (b) Beginning January 1, 2027, a person may not operate a mobile
17 retail food establishment in Indiana unless the person obtains a mobile
18 retail food establishment license.
19    SECTION 3. An emergency is declared for this act.
 2026  IN 1409—LS 6827/DI 116