| (a) Permitting fees.
(1) A person who operates a food establishment shall
obtain a permit from the department and pay a permit fee for each
establishment unless specifically exempted under subsection (b) or
(c) of this section. All permit fees are nonrefundable. Permits are
issued for a two-year term. The fees are based on gross annual volume
of sales as follows:
(A) for an establishment with gross annual volume of
food sales of $0 - $49,999.99, the fee is $250;
(B) for an establishment with gross annual volume of
food sales of $50,000 - $149,999.99, the fee is $500; or
(C) for an establishment with gross annual volume of
food sales of $150,000 or more, the fee is $750.
(2) A person who contracts with a school to provide
food services on a for-profit basis shall obtain a permit and pay
a permit fee for each school where food services are provided. Permits
are issued for a two-year term. The permit fee is $250.
(3) A person who operates a mobile food unit shall
obtain a permit from the department for each mobile food unit operated.
(A) Each mobile food unit shall be inspected and comply
with §228.221 of this title (relating to Mobile Food Units) and
pay a nonrefundable permit fee before a permit is issued. If a request
for inspection is not received or if the mobile food unit does not
meet the minimum standards contained in §228.221 of this title
within two years of paying the permit fee, a new fee shall be paid.
(B) Mobile food unit permits are issued for a two-year
term. The permit fee is $250.
(4) Each roadside food vendor shall obtain a permit
and pay a fee. All fees are nonrefundable. A permit will be issued
for a two-year term. The permit fee is $250.
(5) For all initial and renewal applications submitted
through Texas.gov, the department is authorized to collect fees in
amounts determined by the Department of Information Resources to recover
costs associated with using Texas.gov.
(6) If the license or permit category changes during
the license or permit period, the license or permit shall be renewed
in the proper category at the time of the renewal.
(7) An establishment required to be licensed as a food
manufacturer under Texas Health and Safety Code Chapter 431, and also
required to be permitted under this subchapter, will be issued only
one license or permit. The license or permit fee to be paid will be
the higher fee of the two applicable fees.
(b) Exemptions from permit and fees.
(1) Food establishments permitted and inspected by
a county or public health district under Texas Health and Safety Code
Chapter 437, provided inspections are based on the requirements of §229.373
of this subchapter (relating to Minimum Standards for Permitting and
Operation), are exempted from obtaining a permit and paying a fee
to the department.
(2) The following meet the definition of "food establishment"
in §229.371 of this subchapter (relating to Definitions), but
are not required to pay a fee or obtain a Retail Food Establishment
permit under this subchapter:
(A) food establishments permitted and under the inspection
authority granted to municipal health departments;
(B) food establishments on federal property under federal
inspection authority;
(C) food establishments under the inspection authority
of state college or university personnel in accordance with the requirements
of §229.373 of this subchapter;
(D) food establishments licensed under Texas Health
and Safety Code Chapter 431, as manufacturers of food, provided the
fee for licensure exceeds the permit fee required under this section;
(E) food establishments under the inspection authority
of the Texas Health and Human Services Commission (HHSC) Regulatory
Services Division;
(F) facilities under the inspection authority of the
HHSC Regulatory Services Division;
(G) hospitals under the inspection authority of the
HHSC Regulatory Services Division and that do not serve food to the
general public;
(H) correctional facilities under the inspection authority
of the Texas Department of Criminal Justice;
(I) nonprofit organizations as defined in §229.371(3)
of this subchapter; (Nonprofit organizations which meet the definition
of "manufacturers of food" under Texas Health and Safety Code Chapter
431, or the definition of "food salvage establishments" under Texas
Health and Safety Code Chapter 432, are not exempt from licensure
in those categories.)
(J) food and beverage vending machines; and
(K) mobile food units permitted and inspected under
the authority granted to municipalities and which operate only within
their respective jurisdictions. (Except for units which handle only
pre-packaged, non-TCS foods, a mobile food unit is classified as a
food establishment, regardless of whether food preparation occurs
on the unit.)
(c) Nonprofit fee exemption. Nonprofit organizations
as defined in §229.371(3) of this subchapter (relating to Definitions)
are exempt from payment of the permit fee. Nonprofit organizations
shall comply with the requirements of §229.373 of this subchapter.
The department shall provide guidelines for the safe handling of foods
prepared by nonprofit organizations. Any civic or fraternal organization,
charity, lodge, association, proprietorship, corporation, or church
not meeting the definition of "nonprofit organization" shall obtain
a permit, pay the required fee, and comply with the requirements.
(d) Application for permit. The permit application
shall be on a form furnished by the department and shall contain the
following information:
(1) the name under which the establishment operates;
(2) the mailing address and street address of the establishment;
(3) if a sole proprietorship, the name of the proprietor;
if a partnership, the names of all partners; if a corporation, the
date and place of incorporation and the name and address of its registered
agent in the State; or if any other type of association, the names
of the principals of such association;
(4) the names of those individuals in an actual administrative
capacity which, in the case of a sole proprietorship, shall be the
managing proprietor; in a partnership, the managing partner; in a
corporation, the officers and directors; in any other association,
those in a managerial capacity;
(5) the signature of the owner, operator, or other
authorized person; and
(6) any other information the department may require
issuing a permit.
(e) Temporary food establishments. An organizer of
an event at which a temporary food establishment operates shall obtain
a permit for each temporary food establishment. In the absence of
an event organizer, each temporary event operator shall obtain a permit.
The application and permit fee for a temporary food establishment
must be submitted to the department at least 30 days before the event.
The permit fees are as follows.
(1) Single-event permit. The permit fee is $50 and
is valid for the duration of a single event not to exceed 14 consecutive
days from the initial effective date specified in the permit application.
The fee is non-refundable.
(2) Multiple-event permit. A multiple-event permit
is issued for a two-year term and the permit fee is $200. The fee
is non-refundable.
(f) Two or more establishments. Each establishment
shall submit an application even if it is owned by the same person.
(g) Pre-permit inspection. The department may conduct
a pre-permit inspection to determine compliance with this subchapter.
(h) Issuance of a permit. The department may issue
a permit or a renewal permit for an establishment based on compliance
with Chapter 228 of this title (relating to Retail Food Establishments),
and payment of all fees. Copies of the permit application are available
by sending a request to the department at 1100 West 49th Street, Austin,
Texas 78756-3182 or by downloading online at: https://www.dshs.texas.gov/retail-food-establishments/permitting-information-retail-food-establishments.
(1) The permit or proof of permit shall be posted in
a location in the food establishment conspicuous to consumers.
(2) Permits for mobile food units, including pushcarts
and roadside food vendors, shall be displayed on the unit at all times.
(3) A permit shall only be issued when all past due
and delinquency fees are paid. This applies to any delinquent penalties
due under an order issued by the department.
(i) Renewal of a permit.
(1) The permit holder shall submit a renewal application
and permit fees before the expiration date of the permit. A person
filing a renewal application after the expiration date shall pay an
additional $100 as a delinquency fee.
Cont'd... |
