Mobile Food Establishments Updates

Food Truck Freedom Act Under HB 1076 & Food Truck Fire Safety Under HB 2459

Effective November 1, 2025, two new state laws (HB 1076 & HB 2459) will amend the licensure and inspection requirements for all Mobile Food Establishments in the state.
Mobile Food Vendors are responsible for obtaining the necessary license and/or permit from each respective state agency.

From the Oklahoma State Department of Health
Beginning November 1, 2025 ·

• All mobile food vendors with an Oklahoma State Department of Health (OSDH) food establishment license may operate in any local jurisdiction in the state. ·
• Local authorities are required to recognize OSDH Food Establishment licenses and may subsequently issue a license or permit with a fee that costs no more than the local authority’s administrative cost. ·
• All mobile food vendors wishing to operate in Tulsa County and Oklahoma County shall obtain a food establishment license from any local authority in Tulsa County or Oklahoma County (if applicable).
• A food establishment license from a licensing local authority in Tulsa County or Oklahoma County shall be recognized by OSDH and all other local authorities throughout the state. ·
• All mobile food vendors, with the permission of a property owner, may operate in any zoning district where food service establishments are allowed to operate. ·
• All mobile food vendors, with the permission of a resident, may operate in a residential zoning district for up to twelve (12) days per year. ·
• All mobile food vendors wishing to operate in State Parks will need an approved contract or lease agreement with the Oklahoma Tourism and Recreation Commission. ·
• All mobile food vendors will be required to provide ten (10) days’ notice to the OSDH and local authorities prior to serving food at a temporary mass gathering. ·
• All mobile food vendors will be required to provide visible waste receptacles for all customers. ·
• All mobile food vendors will be required to remove and dispose of all refuse within a twenty-five-foot radius at the conclusion of operation. ·
• Mobile food vendors will not be required to have a handwashing sink if:
  • Only pre-packaged food is served;
  • No food is prepared; and
  • No open food is sold. ·
• Mobile food vendors will not be required to associate with a commissary if the vendor carries necessary equipment to comply with applicable health and safety regulations. ·
• All enforcement proceedings initiated by OSDH against any licensed food establishment will be in accordance with the Oklahoma Administrative Code 310 Chapter 2 and the Oklahoma Administrative Proceedings Act.

From the Oklahoma State Fire Marshal
Beginning November 1, 2025

• All food trucks/mobile food preparation vehicles equipped with cooking appliances that produce smoke or grease-laden vapors will require an inspection and decal from the OKSFM. For those who wish to have an earlier inspection, OKSFM will set up regional inspections, or early inspections may be requested of OKSFM.  to request an inspection, complete the Mobile Food Truck Inspection Request.
• Beginning Jan. 1, 2026, all food trucks/mobile food preparation vehicles that produce or are capable of producing grease-laden vapors are required to have a fire suppression system installed, which is fully code-compliant.
• All out-of-state food trucks operating within the State of Oklahoma must be in compliance with the State of Oklahoma food truck requirements and Oklahoma fire/life safety code.
• Food trucks that are not mobile and/or possess the proper OSDH license will be considered "brick and mortar" type establishments and shall fall under the commercial building code requirements of the State or authority having jurisdiction.
• All food trucks are required to have a Class ABC fire extinguisher.
• All food trucksthat have a fire suppression system installed and/or produce grease-laden vapors are required to have a Class K-type fire extinguisher and a Class ABC fire extinguisher.
• All food trucks must be in compliance with OK LP Gas Administration if utilizing propane fuel(s).
• All food trucks located and operating within cities with a total county population greater than 400,000 may enact requirements more stringent than those required by OKSFM and the minimum State of Oklahoma code requirements.
• Please visit the OKSFM website for the OKSFM Food Truck Guide found under "Resources."

From the Oklahoma Liquefied Petroleum Gas Administration
Use the link for information regarding the use, handling, transporting, or inspections of liquefied petroleum gas (propane) systems
Beginning November 1, 2025