Mobile Food
There are multiple types of mobile licenses based on the types of food prepared and sold as well as the type of cart, trailer or vehicle and where the foods are sold.
Depending on the exact nature of operations, a commissary license may also be required (separate license in addition to the mobile license). A commissary is a facility used to maintain safe and sanitary operations for the cleaning and servicing of pushcarts and mobile units; and for the storage of single service articles used during the operation of food sales.
As defined in Oklahoma Administrative Code (OAC) 310:257-1-2:
- “Mobile food establishment" means a facility that prepares food and is vehicle mounted (is Department of Transportation road approved, including wheels and axles), is readily moveable and remains at one physical address for no more than 12 hours at one time.
- "Mobile retail food establishment" means a unit which sells packaged foods from a stationary display at a location some distance from the unit but still at the same physical address for no more than 12 hours, provided the licensed unit is on premise and readily available for inspection and the food has been prepared in a facility that is regulated by the Good Manufacturing Practices in Title 21 of the CFR or regulated as a license holder pursuant to OAC 310:260, Good Manufacturing Practice Regulations, Oklahoma Department of Agriculture, Food and Forestry, the United States Department of Agriculture, or this Chapter.
- "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.
Any newly established mobile or mobile retail not previously licensed in the State of Oklahoma must complete a plan review application. These units must meet the minimum requirements below as outlined in OAC 310:257.
For any plan review, license or change of ownership of the unit contact your local county health department inspector to determine specific requirements.
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, 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.
For any plan review, licensure requirement or change of ownership of the unit contact your local county health department inspector to determine specific requirements.
MOBILE |
MOBILE RETAIL |
Type of Unit |
|
| Vehicle mounted establishment that prepares and sales food inside the vehicle. Must have wheels and one or more axels. [OAC 310:257-17-3(a)] | Operation that sells ONLY packaged food where the food was prepared and packaged in an approved, regulated facility. [OAC 310:257-17-4(a)] |
| The vehicle shall be ready for road travel. [OAC 310:257-17-3(a)] | This may include a vehicle or a stationary display. [OAC 310:257-17-4(b)] |
Materials for water tank and appurtenances shall be safe, durable, corrosion-resistant, nonabsorbent and be a smooth, easily cleanable surface [OAC 310:257-9-31] Inlet and outlet sloped to drain and positioned to protect from contaminants [OAC 310:257-9-36] |
|
| Floor, wall and ceiling surfaces shall be nonabsorbent [OAC 310:257-11-1(a)(3)] | |
| Exterior must be weather-resistant [OAC 310:257-11-2(b)] | |
Location of Sales |
|
| May operate the mobile establishment at any location within the state that will legally allow access to the vehicle mounted establishment. | Any outdoor venue that is not enclosed or protected from the environment. Sales may be at a booth, road-side stand, farmer’s market, or for wide distribution [OAC 310:257-17-4(b)] |
| All mobile food establishments MUST move every 12 hours; they may not remain at one physical address for more than that time UNLESS in conjunction with a single event or celebration [OAC 310:257-17-3] | A mobile retail food establishment shall NOT sell foods at one physical address for more than 12 hours [OAC 310:257-17-4(c)] |
Commissary Requirements |
|
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) [OAC 310:257-17-3]
*The commissary SHALL BE LICENSED if used for any food production for sale from the mobile establishment. [OAC 310:257-17-5(a)] |
May or may not be required based on storage operations for back stock of food and single service articles. [OAC 310:257-17-5(b)] |
The area used for storage shall maintain safe and sanitary operations. [OAC 310:257-17-5(e)] Food shall be stored in a clean, dry location where it is not exposed and at least 6 inches above the floor [OAC 310:257-5-37(a), 5-38, & 17-6] |
No personal property or hazardous items may be stored in the same compartment in which the food is stored or transported [OAC 310:257-17-4(d)] |
Allowable FOOD Operations |
|
| May conduct all levels of food preparation, cooking and sales in compliance with Chapter 257. | May only sell PACKAGED foods prepared in an approved, regulated facility. [310:257-17-4(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)] |
Water Requirements |
|
| Must refill with potable water daily from the commissary & must dispose of waste water daily at the commissary [OAC 310:257-17-3(c)] (unless in conjunction with an event or celebration) | Since dealing with packaged foods only, water would not be required. If at any time samples of sell products are being provided, water would be required for handwashing. |
| The sink system 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)] | |
| Must have a MINIMUM water capacity of at LEAST 10 gallons. (click here for a calculation to help determine the minimum water needed for your operations)[O5] [OAC 310:257-9-8(a)] | |
| Hot water generation and distribution shall be sufficient to meet peak hot water demands [OAC 310:257-9-89b)] | |
| Must have a water system under pressure that produces a flow of at least two gallons per minute [OAC 310:257-9-9] | |
| HOSES for potable water shall be safe, durable, corrosion-resistant, nonabsorbent, made of FOOD GRADE MATERIALS, resistant to pitting, chipping, crazing, etc., with a smooth interior surface AND clearly and durably identified if not permanently attached [OAC 310:257-9-37] | |
| Water tank inlet shall be 19.1 mm (3/4 inch) in diameter or less and have a hose of a size or type that will prevent its use for any other service [OAC 310:257-9-40] | |
Sewage Requirements |
|
| The sewage holding tank IN a mobile shall be 15 percent larger in capacity than the water supply tank and sloped to a drain that is 25 mm (1 inch) in inner diameter or greater, equipped with a shut-off valve [OAC 310:257-9-45] | |
| Must be removed at an approved waste servicing area or by a sewage transport vehicle in such a way that is not a public health hazard [OAC 310:257-9-50] | |
| Liquid waste retention tanks shall be thoroughly flushed and drained in a sanitary manner during the servicing operation [OAC 310:257-9-51) | |
Handwashing & Toilet Facilities |
|
| If approved, when food exposure is limited to prepackaged products and handwashing is not conveniently available, chemically treated towelettes may be used for handwashing [OAC 310:257-9-18(c)] | If approved, when food exposure is limited to prepackaged products, chemically treated towelettes may be used for handwashing [OAC 310:257-9-18(c)] |
| IF an establishment remains in place for less than 4 hours at one location, they are exempt from any toilet agreement as required under OAC 310:257-9-19 [OAC 310:257-17-3] | IF an establishment remains in place for less than 4 hours at one location, they are exempt from any toilet agreement as required under OAC 310:257-9-19 [OAC 310:257-17-4] |
| At least one toilet is required. Chemical portable toilets may be substituted [OAC 310:257-9-19] | |
An initial license application may only be issued by the local health inspector. 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
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.
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 county health department.
Follow the steps and use the calculations below to help identify the adequate water capacity needed in your mobile.
- Measure, in inches, the LENGTH, WIDTH and HEIGHT in one (1) of the sink compartments.
- Multiply these measurements to calculate the cubic inches for one (1) sink compartment.
- Multiply this number by the number of sink compartments (i.e. for a 3 compartment sink – multiply by three (3)).
- Divide this total by 231 to convert to gallons.
Calculate Gallons
Enter Dimensions for a single compartmentLength (in inches) Width (in inches) Depth (in inches)
multiplied by
Total CompartmentsNumber of Compartments
equals
0 minimum gallons available for mobile operation.
- "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.
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.
For any plan review, licensure requirement or change of ownership of the unit contact your local county health department inspector to determine specific requirements.
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.
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.
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)] |
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 73126-8815
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.
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 county health department.
Contact Information
Mailing Address:
Oklahoma State Department of Health
Consumer Health Service
P.O. Box 268815
Oklahoma City, OK 73126-8815
Physical Address:
Oklahoma State Department of Health
123 Robert S. Kerr Ave.
Oklahoma City, OK
Phone: (405) 426-8250
Fax: (405) 900-7557
Email: CHSLicensing@health.ok.gov
