in-20261007-IR-410260359RAA: INTERIM RULE

TITLE 410 INDIANA DEPARTMENT OF HEALTH Regulatory Analysis LSA Document #26-359 I. Description of Rule II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule 410 IAC 7-26 Original INTERIM RULE Justification 410 IAC 7-26-75 Section 1 Indiana Code citation to reflect the definition of "mobile retail food establishment" based on the repeal of IC 16-42-5.1. 410 IAC 7-26-124 Section 2 Clarifies that MRFEs are not included in the temporary food establishment definition and therefore implement requirements of IC 16-42-28. 410 IAC 7-26-477 Section 3 Removes incorrect reference to IC 16-42-1-6 which does not apply to retail food establishments. 410 IAC 7-26-488 (New Subsection) Section 4(b) Reflects basic requirements to obtain a state issued MRFE license required by HB 1577 and 410 IAC 7-26-480. Moved all other requirements stated in 488(a) to new subsection 4(c). 410 IAC 7-26-488(a) Section 4(c) Reflects applicable requirements with which MRFEs must comply. 410 IAC 7-26-488(a) (New Subdivision) Section 4(c)(1) Requires license to be posted conspicuously on all MRFEs. 410 IAC 7-26-488(a) (New Subdivision) Section 4(c)(2) Requires inspection reports to be posted conspicuously. Removes requirement for consultation with each county because license is now statewide. 410 IAC 7-26-488(a) (New Subdivision) Section 4(c)(3) Requires notice of intent forms to be sent to the local health department within 5-days of operating in a new jurisdiction. 410 IAC-7-26-488(a)(1) Section 4(c)(4) Implements a risk-based standard for MRFEs regarding when to return to a commissary or servicing area. 410 IAC 7-26-488(a) (New Subdivision) Section 4(c)(5) Commissary change notification. 410 IAC 7-26-488(a) (New Subdivision) Section 4(c)(6) Inspection frequency requirements based on IC 16-42-28-8(a)(4). Specifies the local health department that must conduct the inspection. 410 IAC 7-26-488(a)(3) Section 4(c)(7) Clarifies when a MRFE must provide restroom access. 410 IAC 7-26-488(a)(4) Section 4(c)(8) Broadens the types of MRFEs that are exempt from water and sewage requirements, equipment and utensil cleaning requirements, and servicing area requirements. 488 IAC 7-26-488(a) (New Subdivision) Section 4(c)(9) Implements a risk-based standard used by local health departments to determine when a MRFE must return to a commissary or servicing area. 410 IAC 7-26-488(a)(5) Section 4(c)(10) No verbiage changes from promulgated rule. Ensures that MRFEs only provide single service utensils. 410 IAC 7-26-488(a) (New Subdivision) Section 4(c)(11) MRFEs must provide a trash receptacle for consumer use. 410 IAC 7-26-488(a)(6) Section 4(c)(12) Updates current rule section based on new risk-based system from subsection 4(c)(9). 410 IAC 7-26-488(a)(7) Section 4(c)(13) No change to verbiage from promulgated rule. Ensures that MRFEs have sufficient wastewater tanks. 410 IAC 7-26-488(a)(8) Section 4(c)(14) No change to verbiage from promulgated rule. Ensures that MRFEs properly dispose of liquid waste to avoid creating a public nuisance. 410 IAC 7-26-488(a) (New Subdivision) Section 4(c)(15) Requires MRFEs to notify the local health department of a change in menu or structure of the food establishment. 410 IAC 7-26-488(a) (New Subdivision) Section 4(c)(16) Adds language clarifying that the interim rule does not supersede local requirements except when set forth or when provided by statute. 410 IAC 7-26-488 (New Subsection) Section 4(d) Reflects the local health department's responsibility for the following: 410 IAC 7-26-488(b) Section 4(e) Violation levels updated to reflect new rule sections. 410 IAC 7-26-488(c) Section 4(f) Violation levels updated to reflect new rule sections. 410 IAC 7-26-488(d) Section 4(g) Violation levels updated to reflect new rule sections.

VI. Cost Analysis

Cost Estimated # of affected entities Estimated Cost for regulated entities Cost Justification Costs Incurred by Mobile Retail Food Establishments 15 minutes notification paperwork completion rate at $18 (average hourly food worker wage) an hour. 4,506 MRFEs across the state $18 per establishment or $81,108 annually if a MRFE operates in 4 jurisdictions in addition to the initial jurisdiction from the application Labor costs are associated with completing required notice of intent form. 1 trash receptacle for consumer use Average $20 4506 MRFEs across the state $90,120 for all mobiles across the state for MRFE. However, this estimate assumes that the MRFEs are not provided public trash receptacles by the city, park, event organizer, etc. Only required for MRFEs that do not already have access to trash receptacles provided by municipalities, or event organizers. MRFEs operating without customer access to trash receptacles have created a public nuisance due to litter and increased the likelihood of pests, VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions Notice of Public Comment Period for Interim Rule: 20261007-IR-410260359INA Notice of Determination Received: September 14, 2026