Ind. Code ch. 16-42-28

in effect

Ind. Code § 16-42-28-1 "Local health department"

Sec. 1. As used in this chapter, "local health department" refers to: (1) a local health department established under IC 16-20; or (2) the health and hospital corporation created under IC 16-22-8. As added by P.L.235-2025, SEC.6.

Ind. Code § 16-42-28-2 "Mobile retail food establishment"

Sec. 2. (a) As used in this chapter, "mobile retail food establishment" means a retail food establishment that is readily moveable. (b) The term includes a retail food establishment that: (1) has wheels; (2) is on skids; (3) is mounted on a vehicle; or (4) is a marine vessel. (c) The term does not include a vehicle used solely to transport food. As added by P.L.235-2025, SEC.6.

Ind. Code § 16-42-28-3 "Mobile retail food establishment license"

Sec. 3. As used in this chapter, "mobile retail food establishment license" refers to a license established by the state department and issued by a local health department for the operation of a mobile retail food establishment. As added by P.L.235-2025, SEC.6.

Ind. Code § 16-42-28-4 State department duties

Sec. 4. (a) The state department shall, in collaboration with the workgroup established under section 10 of this chapter, do the following: (1) Establish a statewide mobile retail food establishment license to be issued by a local health department to the owner or operator of a mobile retail food establishment that meets the licensing standards established by the state department. (2) Establish standards for licensure and inspection of a mobile retail food establishment by a local health department, including standards for a necessary inspection following a violation or failed inspection. (3) Establish standards for the operation of a mobile retail food establishment. (b) In establishing the standards under subsection (a), the state department shall do the following: (1) Consider the technical components of a mobile retail food establishment related to the safe and sanitary preparation and handling of food. (2) Provide for uniform interpretation and application of the standards throughout Indiana. (3) Require at least a semiannual inspection of a mobile retail food establishment to ensure compliance with the standards. As added by P.L.235-2025, SEC.6.

Ind. Code § 16-42-28-5 License application; fees

Sec. 5. (a) In collaboration with the workgroup established under section 10 of this chapter, the state department shall: (1) establish an application for an owner or operator to apply for and receive a statewide mobile retail food establishment license; and (2) subject to subsection (b), establish a combined fee for an annual license and an inspection to be paid for: (A) the issuance or renewal of a statewide mobile retail food establishment license; and (B) any inspection of a mobile retail food establishment during the period when the license is in effect. (b) Beginning January 1, 2027, a local health department may charge one (1) combined fee under subsection (a)(2) for an annual license and inspection in an amount equal to four hundred fifty dollars ($450). Of the combined fee collected by a local health department for each annual license and inspection, the following conditions apply: (1) The local health department shall retain two hundred dollars ($200) of each combined fee, which must be used for costs incurred in conducting local inspections. (2) The local health department shall distribute the remaining two hundred fifty dollars ($250) of each combined fee, on a monthly basis, to the state department. As added by P.L.235-2025, SEC.6. Amended by P.L.23-2026, SEC.154.

Ind. Code § 16-42-28-6 License; renewal; operation

Sec. 6. A statewide mobile retail food establishment license issued under this chapter: (1) is in effect for one (1) year; (2) may be renewed annually by an owner or operator of a mobile retail food establishment that continues to meet the licensing standards of this chapter; and (3) authorizes an owner or operator to use a mobile retail food establishment for which the license is issued to provide food ready for immediate consumption to the public in any county in Indiana. As added by P.L.235-2025, SEC.6.

Ind. Code § 16-42-28-7 Local permit, license, or fee not required

Sec. 7. An owner or operator of a mobile retail food establishment issued a statewide mobile retail food establishment license is not: (1) required to obtain a county or local license or permit; or (2) required to pay a county or local: (A) inspection fee; or (B) license or permit fee. As added by P.L.235-2025, SEC.6.

Ind. Code § 16-42-28-8 Local health department duties; license requirement

Sec. 8. (a) Beginning January 1, 2027, a local health department shall: (1) receive applications for statewide mobile retail food establishment licenses; (2) collect annual license fees and inspection fees and distribute those fees in accordance with section 5(b) of this chapter; (3) issue statewide mobile retail food establishment licenses; and (4) conduct at least semiannual inspections of a mobile retail food establishment that is issued a statewide mobile retail food establishment license. (b) Beginning January 1, 2027, a person may not operate a mobile retail food establishment in Indiana unless the person obtains a mobile retail food establishment license. As added by P.L.235-2025, SEC.6.

Ind. Code § 16-42-28-9 Rules

Sec. 9. Not later than January 1, 2027, the state department shall adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.235-2025, SEC.6.

Ind. Code § 16-42-28-10 Establishment of workgroup; membership

Sec. 10. (a) The state department shall establish a workgroup to collaborate with in implementing sections 4(a) and 5 of this chapter. (b) The state department shall designate at least one (1) representative of a local health department from each Indiana congressional district as a member of the workgroup established under subsection (a). As added by P.L.235-2025, SEC.6.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026