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Pushcarts

Definition

As defined in Oklahoma Administrative Code (OAC) 310:257-1-2: 

  • "Mobile pushcart" means a non-self-propelled food unit that can be manually moved.
  • "Commissary" means a facility used to maintain safe and sanitary operations for the cleaning and servicing of pushcarts, and mobile retail units, mobile food establishments; and for the storage of food and single service articles used in those units.

Pushcart Plan Review

Any newly established pushcart not previously licensed in the State of Oklahoma must complete a plan review application.  Pushcarts must meet the minimum requirements below as outlined in OAC 310:257.  Click here for the plan review application.

For any plan review, licensure requirement or change of ownership of the unit contact your local county health department inspector to determine specific requirements.  Click here for a list of county health department numbers.

Commissary Plan Review

If a commissary is used to not only clean and service the unit but also used to prepare foods to be sold on the unit (if allowable), then the commissary may require licensure.  If the commissary location has never been licensed previously in Oklahoma, then a plan review fee may also be required.  A commissary used ONLY for storage of single use items may not require a license.  Click here for the plan review application.

For any plan review, license or change of ownership of the unit contact your local county health department inspector to determine specific requirements.  The local county inspector, where the commissary or primary source of business is physically located, will be able to help answer questions about this process.  Click here for a list of county health department numbers.

Pushcart Requirements (click here for a printable version)

INDOOR

OUTDOOR

Type of Unit

A cart, trailer, or other sales conveyance that can be manually moved but is not self-propelled. A cart, trailer, or other sales conveyance that can be manually moved but is not self-propelled.

Location of Sales

Limited to operating within the confines of an enclosed or protected environment such as an indoor mall, sports arena, convention center, etc. [OAC 310:257-17-2(c)(1)] Any outdoor venue that is not enclosed or protected from the environment.

Commissary Requirements

Must have a licensed commissary inside the building where the pushcart is operating. Must have a licensed commissary. [OAC 310:257-17-2(d)(2)]
Must return daily to commissary for servicing and cleaning (unless associated with an event or celebration – may return at the end of the event or celebration) Must return daily to commissary for servicing and cleaning (unless associated with an event or celebration – may return at the end of the event or celebration)

Allowable FOOD Operations

May NOT cook raw meat and poultry foods. [OAC 310:257-17-2(a)] May NOT cook raw meat and poultry foods [OAC 310:257-17-2(a)]
May sell/serve already cooked Time/Temperature Control Safety (TCS) foods.  May not prepare/cook any TCS foods on the pushcart; TCS foods must be prepared in the licensed commissary.  [OAC 310:257-17-2(c)] May only sell non-TCS foods, non-TCS condiments, pre-packaged foods, OR may prepare and serve precooked frankfurters or sausages made of meat and poultry. [OAC 310:257-17-2(d)]
Must perform preparation of fruits, vegetables, cooking of meats, poultry and seafood from a licensed food establishment (which may be the licensed commissary). [OAC 310:257-17-2(c)(4)]  

Water & Sewage Requirements

Must have water to operate (or access to nearby water if allowable by code) if open foods are served. [OAC 310:257-17-1(b) & OAC 310:257-17-2(c)(5)] Must have water to operate if open foods are served.   [OAC 310:257-17-1(b)]

IF serving any open foods a warewashing sink is required.

The warewashing sink shall be made of equipment & materials intended for the use of warewashing and must be separate from any handwashing to avoid contamination.  [OAC 310:257-17-1(c)]

If serving or preparing any allowable open foods, a warewashing sink is required.

The warewashing sink shall be made of equipment & materials intended for the use of warewashing and must be separate from any handwashing to avoid contamination.  [OAC 310:257-17-1(c)]

Handwashing & Toilet Facilities

Must be within 500 feet of an approved, permanent toilet facility and available during all hours of operation for employees. [OAC 310:257-17-2(c)(2)]

(If facility is not owned or openly available to the general public then a written agreement with the permanent toilet facility must be provided to document availability.)

Must be within 500 feet of an approved, permanent toilet facility and available during all hours of operation for employees. [OAC 310:257-17-2(d)(1)]

(If facility is not owned or openly available to the general public then a written agreement with the permanent toilet facility must be provided to document availability.)

Must have a separate hand-washing sink on the pushcart with hot/cold pressured water or have a hand washing facility immediately adjacent (where adjacent would allow for immediately handwashing before and after contact with any open foods). [OAC 310:257-17-2(c)(5)]  

Hot Hold Units

Must have mechanical hot hold as required in OAC 310:257. [OAC 310:257-17-2(c)(6)] Must have mechanical hot hold as required in OAC 310:257. [OAC 310:257-17-2(c)(6)]

Initial Licensing Application

An initial license application may only be issued by the local health inspector.  Contact the local health inspector in the county where the commissary or primary business is located to schedule an initial license inspection.  Upon approval to operate, the inspector will issue the application.  It will be the owner’s responsibility to mail the application with appropriate fees within four (4) business days to the Oklahoma State Department of Health at:

Occupational Licensing Division
OK State Department of Health
PO Box 268815
Oklahoma City, OK  73117

Renewal Licenses

The Occupational Licensing Division will send out renewals to the last known address on file.  It is the owner’s responsibility to submit the renewal annually, prior to expiration of the license.  If the renewal notice is not received in time to mail payment, a copy of the current or expired license may be made and mailed with the check.  Never submit a check without additional documentation identifying the name and license number of the establishment.  All renewals may be mailed to the address listed above.

Change of Ownership

The local county health department should be contacted immediately upon a facility changing owners.  If the operations have not changed, a plan review fee may not be required.  To determine specific requirements, contact your local count y health department.

Location and Contact Information

Mailing Address:
Consumer Health Service
PO Box 268815                  
Oklahoma City, OK 73126 

Physical Location:
Oklahoma State Department of Health
Consumer Health Service
1000 N.E. 10th Street
Oklahoma City, OK 73117

Contact Information:
Phone: (405) 271-5243
Fax:     (405) 271-5286
Email:  
CHSLicensing@health.ok.gov

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