Mobile food units with valid health and fire inspection certificates are exempt from further local inspections starting January 1, 2027, but officials can still inspect in emergencies and owners can be penalized for operating without valid certificates.
(a) As used in this section, the following terms have the following meanings: (1) CERTIFYING FIRE OFFICIAL. The State Fire Marshal or a local fire department authorized to conduct fire safety inspections under subdivision (c)(1). (2) COMMISSARY. A food service establishment permitted by the Alabama Department of Public Health to which a mobile food unit returns after operating for the day for servicing and resupplying. (3) IFC MOBILE FOOD PREPARATION VEHICLES PROVISIONS. The International Fire Code provisions for mobile food preparation vehicles as adopted by the Alabama Department of Insurance for State Fire Marshal regulations. (4) MOBILE FOOD UNIT. A mobile food service establishment from which a vendor prepares, cooks, sells, or serves food. The term includes any mobile food establishment regulated by the Alabama Department of Public Health, including any structure housed on a motor vehicle chassis or vessel or on a trailer that a motor vehicle pulls to transport the cooking equipment or food service establishment, or a cart used for food services which is not motorized. (b)(1) On and after January 1, 2027, a mobile food unit that holds a valid health inspection certificate and a valid fire inspection certificate in accordance with subsection (c) shall be exempt from any further health or fire safety inspections that are or would otherwise be required by the governing body of a county or municipality or political subdivision thereof as a condition to operating the mobile food unit in that local jurisdiction; provided, however, a county health department or certifying fire official may: (i) inspect a mobile food unit at any time while in operation; and (ii) order the mobile food unit to immediately cease operations if a significant health violation or life safety violation is discovered. (2) The health inspection and certification described in subdivision (1) shall be conducted by the county health department in the jurisdiction where the mobile food unit’s commissary is located. The fire inspection and certification shall be conducted by any fire official of a local fire department in the state authorized pursuant to subdivision (c)(1). (c)(1) The State Fire Marshal shall maintain a list of local fire departments in the state which are authorized by the State Fire Marshal to conduct fire inspections pursuant to this section. (2) The State Fire Marshal shall establish a uniform statewide fire safety inspection process for mobile food units to ensure compliance with all state adopted codes and standards. The fire safety inspection shall be in compliance with IFC Mobile Food Preparation Vehicles provisions and shall ensure, at a minimum, that: a. All hoods and hood suppression systems comply with the requirements of NFPA 96; b. Hood suppression systems are serviced and tagged at least every six months; c. Hood cleaning is performed and tagged at least every six months; d. All LP-gas systems comply with NFPA 58 and IFC Mobile Food Preparation Vehicles provisions; e. An annual LP-gas pressure test is performed by a gas fitter certified by the Alabama Liquefied Petroleum Gas Board; f. Plumbing for LP-gas is installed in compliance with NFPA 58; and g. All electrical appliances comply with NFPA 70. (3) A mobile food vendor unit shall maintain and make available all records for equipment and maintenance. (4) Any modification or alteration of an appliance, operating procedure, or safety equipment of a mobile food unit may void a fire inspection certificate. (5) A fire inspection certificate shall be valid for a six-month period. (6) Significant violations shall be addressed by the certifying fire official and referred to the State Fire Marshal. (d) Nothing in this section shall prohibit the governing body of a county or municipality or political subdivision thereof from requiring a mobile food unit, as a condition of operating in that jurisdiction, to comply with any ordinance or regulation, including requiring a business license. (e) To the extent that a mobile food unit is required by law, rule, regulation, or ordinance to undergo a health or fire safety inspection, whether state or local, as a condition to operate in a specific jurisdiction, this section shall supersede any such provision but shall otherwise be construed in pari materia with other state and local laws. (f) On and after January 1, 2027, the owner of a mobile food unit who operates a mobile food unit or allows the mobile food unit to operate without a valid health inspection certificate and a valid fire inspection certificate issued pursuant to this section shall be guilty of a Class C misdemeanor. Upon a second or subsequent violation, the owner shall be prohibited from operating the mobile food unit for a period of 30 days. (g) Nothing in this section shall prevent a health officer of fire safety officer from inspecting a mobile food unit and taking other appropriate measures if he or she reasonably believes there is an immediate risk to public health or safety.