in-20261007-IR-410260359INA: MOBILE RETAIL FOOD ESTABLISHMENTS

TITLE 410 INDIANA DEPARTMENT OF HEALTH Notice of Public Comment Period for Interim Rule LSA Document #26-359 MOBILE RETAIL FOOD ESTABLISHMENTS PURPOSE OF NOTICE The Indiana Department of Health (IDOH) is soliciting public comment on temporarily superseding rules at 410 IAC 7-26 concerning mobile retail food establishments. ADDITIONAL DOCUMENTS Governor's Approval: 20261007-IR-410260359GAA Regulatory Analysis: 20261007-IR-410260359RAA CITATIONS AFFECTED: 410 IAC 7-26-75; 410 IAC 7-26-124; 410 IAC 7-26-477; 410 IAC 7-26-488 AUTHORITY: IC 16-42-5-5 OVERVIEW Basic Purpose and Background IDOH is proposing to establish the licensing, inspection, and operation standards for mobile retail food establishments. These standards were developed by IDOH in coordination with a workgroup of local health department representatives that was established under IC 16-42-28-4. Statement Justifying Requirement or Cost IC 16-42-28-9 requires IDOH to adopt rules to implement IC 16-42-28 by January 1, 2027. Given the limited time remaining until the statutory deadline, there is insufficient time to conduct a full rulemaking. An interim rule is therefore necessary because it allows IDOH to begin implementation of the licensing and operation standards while giving IDOH time to consider any potential operational concerns of the interim rule before beginning the full rulemaking. The implementation costs of the proposed interim rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). REQUEST FOR PUBLIC COMMENT IDOH is soliciting public comment on the proposed interim rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than November 7, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis and Statement Justifying Requirement or Cost, and materials incorporated by reference (if applicable) are on file at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis and Statement Justifying Requirement or Cost are available at the Indiana Department of Health office. PROPOSED INTERIM RULE SECTION 1. (a) This SECTION supersedes 410 IAC 7-26-75. (b) "Mobile retail food establishment" has the meaning set forth in IC 16-42-28-2. SECTION 2. (a) This SECTION supersedes 410 IAC 7-26-124. (b) "Temporary food establishment" means a retail food establishment that operates in conjunction with a single event or celebration: This does not include a mobile retail food establishment. SECTION 3. (a) This SECTION supersedes 410 IAC 7-26-477. (b) Prerequisites for operation are as follows: SECTION 4. (a) This SECTION supersedes 410 IAC 7-26-488. (b) To obtain a mobile retail food establishment license, an owner or operator must complete a license application for the local health department that must include: (c) A mobile retail food establishment shall comply with the applicable requirements of this rule, in addition to the following requirements: (d) A local health department shall comply with applicable requirements of this rule, including the following requirements: (e) For purposes of this SECTION, a violation of subsection (c)(14) or (c)(15) is a P item. (f) For purposes of this SECTION, a violation of subsection (c)(1), (c)(3), (c)(4), (c)(6), (c)(7), (c)(8), or (c)(11) is a PF item. (g) For purposes of this SECTION, a violation of subsection (c)(2), (c)(5), (c)(9), (c)(10), (c)(12), or (c)(13) is a core item. Documents Incorporated by Reference: None Received by Publisher