West Virginia HB 3204: Mobile Food-Vendor Freedom Act

Bill Text

WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

House Bill 3204

By Delegates Young and Longanacre

[Introduced February 02, 2023; Referred to the Committee on Health and Human Resources then the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2S-1, §16-2S-2, §16-2S-3, §16-2S-4, §16-2S-5, §16-2S-6, and §16-2S-7, §16-2S-8, §16-2S-9, §16-2S-10, §16-2S-11, §16-2S-12, and §16-2S-13, all relating to creating The Mobile Food-Vendor Freedom Act; providing a short title; listing purposes; presenting legislative findings; providing definitions; listing licensing requirements that permit the vendor to sell food anywhere in the state; prohibiting local authorities from barring a mobile food vendor from selling in that jurisdiction if it holds the mobile food vending license and complies with all other state and local laws; establishing a process for obtaining a license; requirements for mobile-food vending; providing rulemaking authority; setting food safety and health inspection requirements; setting the parameters for regulations by local authorities; establishing investigation authority; setting standards for license denial, suspension, or revocation and setting penalties and the right to appeal; and stating preemption limitations.

Be it enacted by the Legislature of West Virginia:



Article 2S. The Mobile food-vendor freedom act.

§16-2S-1. Short title.

This Act shall be known as the "Mobile Food-Vendor Freedom Act."

§16-2S-2. Purposes.

The purposes of this act are to:

(a) Legalize mobile food vending across the state;

(b) Promote agriculture and expand economic development;

(c) Foster opportunities for small businesses and stimulate innovation;

(d) Increase consumer access to desired local foods;

(e) Simplify and standardize mobile food vending regulations; and

(f) Protect public health and safety by ensuring mobile food vendors follow clear, narrowly tailored regulations that address demonstrable health and safety risks.

§16-2S-3. Legislative findings.

The Legislature finds and declares the following:

(a) Mobile food vending provides opportunities for employment, entrepreneurship, and upward mobility;

(b) Mobile food vendors make significant contributions to local economies;

(c) Consumers desire foods produced by mobile food vendors;

(d) Mobile food vending contributes to a safe and dynamic public space;

(e) Public health and safety are best ensured by local authorities regulating mobile food vending proportionally to its risks; and

(f) It is a matter of statewide concern to create a uniform approach to regulating mobile food vendors and to remove unnecessary barriers to mobile food vending.

§16-2S-4. Definitions.

(a) "Applicant" means a person applying to the department to conduct business as a mobile food vendor.

(b) "Customer" means any person with whom a mobile food vendor conducts business.

(c) "Department" means the county health department for the county in which the business's address for the business license is registered.

(d) "Food vending vehicle" means any motorized vehicle, trailer, or tent and equipment used to sell food and beverages by a mobile food vendor.

(e) "Local authority" means any local government, including any city, or county. 

(f) "Mobile food vendor" means any person who dispenses food or beverages from a food 

vending vehicle for immediate service and/or consumption.

(g) "Person" means any individual, group of individuals, firm, partnership, company, 

corporation, trustee, association, or any public or private entity and includes the individual or entity’s employees or agents.

(h) "Prepackaged food" means any commercially labeled and processed food that is prepackaged to prevent direct human contact with the food product upon distribution from the manufacturer, a food facility, or other approved source.

(i) "Private property" means all property that is not public property.

(j) "Public property" means any property owned by the state or local authority and includes all rights-of-way except public sidewalks and rights-of-way in state parks or locally-owned parks. 

(k) "Sell" means to transfer or exchange for value, to expose, display or offer for sale or 

exchange, or to procure, store or have in one’s possession or control for the purpose of selling.

§16-2S-5. Mobile food vending permitted; license required.

(a) No person may operate as a mobile food vendor in this state without obtaining a mobile food vending license from the department. A separate mobile food vending license shall be required for every food vending vehicle used by a mobile food vendor. 

(b) No local authority may bar a mobile food vendor from operating in its jurisdiction if the vendor holds a mobile food vending license and complies with all other state and local laws not in conflict with this Act.

§16-2S-6. License process.

(a) Application. The department shall prepare an application for a st