Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 476 (2023GS)

Sponsor

Rep. Birkeland, K.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that a food truck that is designated as a tier-one food truck by the permitting local health department is not required to use a commissary if it meets specific conditions.

Every vote on this bill

Bill text

FOOD TRUCK REGULATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kera Birkeland
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions regarding food truck permitting.
Highlighted Provisions:
This bill:
▸ provides that a food truck that is designated as a tier-one food truck by the
permitting local health department is not required to use a commissary if it meets
specific conditions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-56-104
, as last amended by Laws of Utah 2022, Chapter 306
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-56-104
 is amended to read:
11-56-104.
Safety and health inspections and permits -- Fees.
(1) (a) A food truck business shall obtain, for each food truck that the business
operates, an annual health department food truck permit from the local health department with
jurisdiction over the area in which the majority of the food truck's operations takes place.
(b) A local health department shall recognize as valid a health department food truck
permit that has been issued by another local health department within the state.
(2) A local health department may only charge a health department food truck permit
fee to a food truck business in an amount that reimburses the local health department for the
cost of regulating the food truck.
(3) (a) A political subdivision inspecting a food truck for fire safety shall conduct the
inspection based on the criteria that the Utah Fire Prevention Board, created in Section
53-7-203
, establishes in accordance with Section 
53-7-204
.
(b) (i) A political subdivision shall recognize as valid within the political subdivision's
jurisdiction an approval from another political subdivision within the state that shows that the
food truck passed a fire safety inspection that the other political subdivision conducted.
(ii) A political subdivision may not require that a food truck pass a fire safety
inspection in a given calendar year if the food truck business presents to the political
subdivision an approval described in Subsection (3)(b)(i) issued during the same calendar year.
(4) (a) Nothing in this section prevents a local health department from requiring a food
truck business to obtain an event permit, in accordance with Section 
11-56-105
.
(b) Nothing in this section prevents a political subdivision from revoking the political
subdivision's approval:
(i) described in Subsection (1)(b), if the operation of the related food truck within the
political subdivision fails a health inspection by a local health department; or
(ii) described in Subsection (3)(b)(i), if the operation of the related food truck within
the political subdivision fails to meet the criteria described in Subsection (3)(a).
(c) For each food truck that fails a health inspection as described in Subsection
(4)(b)(i), a local health department may charge and collect a fee from the associated food truck
business for that health inspection.
(5) A local health department may not require a food truck operator to use a
commissary if the food truck:
(a) is designated as a tier-one food truck by the permitting local health department;
(b) does not use temperature controlled products;
(c) does not store prepared food products from one operating day to the next;
(d) is able to refill its potable water tanks at a location and in a manner approved by the
local health department; and
(e) is able to dispose of all wastewater, used cooking oil, and other refuse at a location
and in a manner approved by the local health department.