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Bill

Bill

H 5523

Mobile food vendors

2025-2026 Regular Session Introduced by Tommy Pope

SC bill requires annual fire inspections of mobile food units by organized fire departments and a state-issued certificate of compliance for lawful operation statewide.

Referred to Committee on Labor, Commerce and Industry
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Bill Summary · H 5523

Summary of Bill H. 5523 (Session 2025-2026) – South Carolina

Purpose and intent

  • The bill would add a new provision to Chapter 9, Title 23 of the South Carolina Code to establish a formal framework for the inspection and certification of mobile food units (MFUs).
  • The central aim is to ensure MFUs operate in compliance with fire safety requirements by allowing organized fire departments to conduct inspections and by creating an official state certificate of compliance.

Key provisions

  1. Definition

    • Introduces the term “mobile food unit” as a fully enclosed mobile kitchen capable of preparing, cooking, or serving food.
  2. Inspection authority

    • Grants any organized fire department in South Carolina the authority to inspect MFUs for compliance with fire code requirements.
    • An inspection conducted by an organized fire department in the state would be considered sufficient to satisfy state-level inspection requirements for MFUs, allowing operation throughout the state.
  3. Annual inspections

    • Requires MFUs to be inspected annually to ensure ongoing compliance with relevant fire code requirements.
  4. Certification

    • The State Fire Marshal must develop a certificate that demonstrates compliance with the inspection provision.
    • The certificate must include:
      • Space for the inspecting organized fire department to indicate the date of inspection.
      • Space for the name of the organized fire department that conducted the inspection.
  5. Effective date

    • The act would take effect upon the Governor’s approval (i.e., becomes law once signed).

Who is affected

  • Mobile food units (MFUs): Subject to annual fire safety inspections and to obtain a state-wide certificate of compliance after inspection.
  • Organized fire departments: Authorized to perform MFU inspections and to issue inspection dates on the state certificate.
  • State Fire Marshal: Responsible for developing the compliance certificate form and process.
  • Potentially MFU operators and vendors: Must comply with annual inspections and maintain the certificate for lawful operation.

Procedural/timeline aspects

  • Introduction/First reading: 2026-04-14
  • Referral: Committee on Labor, Commerce and Industry
  • Effective date: After gubernatorial approval (signature), no explicit sunset or transition period stated.
  • Ongoing compliance: Annual inspection requirement implies year-to-year renewal of certification for MFUs.

Practical impact and considerations

  • Establishes a standardized, state-wide framework for fire safety inspections of MFUs through local organized fire departments, potentially reducing duplicative inspections if the state accepts local inspection results.
  • Creates a formal certification mechanism managed by the State Fire Marshal to document compliance.
  • Could affect MFU operators by adding a mandatory annual inspection and ensuring a recognized certificate is carried for operation within the state.

If you’d like, I can add a simple comparison with current SC practice (if available) or outline potential implementation steps and questions for stakeholders (e.g., cost, turnaround time for inspections, or how “organized fire department” is defined and recognized).

Compiled from official sources — confirm details with the bill’s official record.

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