HOUSE BILL NO. 5451

January 15, 2026, Introduced by Reps. Aragona, Johnsen, Beson, McFall, Schmaltz, Neyer, Thompson, Kelly, Roth, Mueller, Harris, St. Germaine, Outman, Liberati, Herzberg, Wozniak, Kunse, Maddock and VanderWall and referred to Committee on Regulatory Reform.

"Food law,"

by amending section 6135 (MCL 289.6135), as amended by 2012 PA 178, and by adding sections 2130 and 6115a.

the people of the state of michigan enact:

Sec. 2130. The department shall make available and maintain a mobile food establishment electronic database that records any fire inspection conducted under section 6115a. The department may require that a local health department input the data described under this section into the mobile food establishment electronic database. The department shall make the mobile food establishment electronic database accessible to the public.

Sec. 6115a. (1) In addition to any other licensing requirement under this act, a mobile food establishment is subject to both of the following, as applicable:

(a) An annual inspection by a fire inspector.

(b) An inspection by a fire inspector after the mobile food establishment undergoes any of the following:

(i) Significant modifications to the mobile food establishment's fire protection system, ventilation system, or cooking equipment in the commercial kitchen.

(ii) Changes that impact the safety features of the mobile food establishment that are subject to fire safety regulations.

(iii) Any construction, alteration, modification, remodeling, or addition related to the fuel piping, electrical system, kitchen appliances, or fire suppression system.

(iv) Repairs to the fuel piping or kitchen appliances that require a leak test.

(2) Not later than 30 days after submitting an application for a license under section 4103 or not later than 30 days after modifications or changes described under subsection (1)(b) are completed, a mobile food establishment shall notify a fire inspector within the jurisdiction of the mobile food establishment's commissary, or if a mobile food establishment is a special transitory food unit, the mobile food establishment shall notify a fire inspector within the jurisdiction of the local health department or a fire inspector who conducts the evaluations required under section 6137(2)(d) or, if there is no local health department, a county health department.

(3) A fire inspector shall conduct an inspection not later than 30 days after being notified under subsection (2) to determine whether the mobile food establishment is in compliance with the applicable standards of a qualified version of the International Fire Code and the National Fire Code. The department shall develop and make available a fire inspection report form that a fire inspector shall use to conduct an inspection under this subsection. The fire inspection report form must meet all of the following requirements:

(a) Subject to subdivisions (b) and (c), be substantially similar to the form developed by the Michigan Fire Inspectors Society entitled "Mobile Food Service Unit Inspection Consortium Safety Inspection Form".

(b) Provide that flammable gas leak detection equipment must be tested at least once every 12 months.

(c) If the mobile food establishment utilizes a flammable gas system, provide that the piping and appliances of the flammable gas system must be tested at least once every 12 months.

(4) A fire inspector shall provide a copy of the fire inspection report form described under subsection (3) to a mobile food establishment and the local health department or department, as applicable, not later than 10 days after an inspection is completed under this section. A mobile food establishment shall maintain a copy of the fire inspection report form described under subsection (3) for 1 year and make the fire inspection report form available to the local health department or the department on request. A fire inspection report form described under subsection (3) is valid for 1 year, and a mobile food establishment is not required to undergo more than 1 fire inspection per year as described under this section, except as otherwise required by law.

(5) A fire inspector may charge a fee of not more than $200.00 for a fire inspection completed under this section.

(6) In addition to the required inspection under subsection (1)(a), a fire inspector may conduct an additional inspection to ensure ongoing compliance or to address observed or reported safety concerns at a mobile food establishment before the mobile food establishment serves food. A fire inspector shall not charge any fee for an additional inspection conducted under this subsection.

(7) As used in this section:

(a) "Fire inspector" means an individual who holds a certificate as a fire inspector under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.

(b) "Qualified version of the International Fire Code and the National Fire Code" means that version of the International Fire Code and the National Fire Code adopted on or before January 1, 2025, by the local unit of government in which the fire inspector is employed or otherwise serves as a volunteer.

Sec. 6135. (1) The name and address of the business operating a mobile food establishment shall must be affixed to each side of the exterior of the vehicle in letters not less than 3 inches high and 3/8 of an inch wide and shall must be in contrast to the vehicle background color. When more than 1 mobile food service establishment is operated by the same person, the director shall assign a number to each establishment.

(2) A copy of both of the following must be carried on the mobile food establishment at all times:

(a) The limitations attached to the license. of a mobile food service establishment shall be carried on the mobile food service establishment at all times.

(b) A fire inspection report form provided under section 6115a.

(3) If a mobile food establishment is operating operates on a regularly scheduled route, the director may require the license holder to provide a copy of the route schedule when the license is approved and every time the route schedule is changed.

(4) The director or the operator in the presence of the director shall affix 2 decals provided by the department on the mobile food establishment at the time the license is issued. The decals shall must be conspicuously displayed on each side of the mobile food establishment so as to be that the decals are visible when in transit and while serving the public.

(5) A fire inspector shall issue a decal after a fire inspection is conducted under section 6115a. A mobile food establishment shall affix the decal to the mobile food establishment and conspicuously display the decal so that the decal is visible when in transit and while serving the public. A decal issued under this subsection must contain a QR code that links to the mobile food establishment electronic database created in section 2130. As used in this subsection, "fire inspector" means an individual who holds a certificate as a fire inspector under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.