(a) License/registration required.
(1) A person who manufactures food must obtain a food
manufacturer's license for each place of business as described in
subsection (b)(1) or (2) of this section; also, a food manufacturer
who distributes its own food, and/or food from another manufacturer
must only obtain a food manufacturer's license. When calculating the
amount of the licensing fee, the manufacturer must include the total
for all food manufactured and wholesaled from the place of business.
(2) A person who distributes food, but who does not
manufacture food, must obtain a food wholesaler's license for each
place of business as described in subsection (b)(3) or (4) of this
section.
(3) A person who distributes food, but who does not
manufacture food, and who chooses to store that food with a warehouse
operator licensed under subsection (b)(8) or (9) of this section,
must register as a food wholesaler under subsection (b)(7) of this
section.
(4) A person who distributes food and drugs, food and
medical devices, or food and drugs and medical devices, must obtain
a wholesaler with combination products license, as described in subsection
(b)(5) or (6) of this section, for each place of business; this license
is required even if the products are stored in a separate warehouse
or with a warehouse operator licensed under subsection (b)(8) or (9)
of this section.
(5) A warehouse operator storing food for a registered
food wholesaler must obtain a warehouse operator license as described
in subsection (b)(8) or (9) of this section for each such warehouse.
A warehouse operator who distributes only food is required to obtain
only a warehouse operator license. A warehouse operator who distributes
combination products (food and drugs, food and medical devices, or
food, drugs, and medical devices) and is also required to obtain a
wholesaler's license under subsection (b)(5) or (6) of this section
will be issued only one license. The license fee to be paid will be
the higher of the two applicable fees.
(6) A warehouse operated by a food manufacturer which
is totally separate from any manufacturing location, including locations
from which foods are held for limited periods of time for distribution,
must obtain a warehouse operator license as described in subsection
(b)(8) or (9) of this section for each such warehouse.
(7) A retail food store that also manufactures food
and is required to be permitted by the Department of State Health
Services (department) pursuant to Health and Safety Code, Chapter
437, and the Texas Food Establishment Regulations, §229.370 and §229.371
of this title (relating to Permitting Retail Food Establishments),
will be issued only one license or permit. The license or permit fee
to be paid will be the higher of the two applicable fees.
(8) A wholesaler who distributes combination products
and who is also required to be licensed as a warehouse operator under
this section will be issued only one license. The license fee to be
paid will be the higher of the two applicable fees.
(9) A food manufacturer required to be licensed exclusively
pursuant to Health and Safety Code, Chapter 432, relating to Food,
Drug, Device and Cosmetic Salvage, Chapter 433, relating to Meat and
Poultry Inspection, Chapter 435, relating to Dairy Products, Chapter
436, relating to Aquatic Life, or Chapter 440, relating to Frozen
Desserts, is not required to license pursuant to this chapter.
(b) Licensing and registration fees.
(1) Food manufacturer. No person may operate or conduct
business as a food manufacturer in this state without first obtaining
a license from the department. Licenses issued under this subsection
expire two years from the start date of the regulated activity. All
applicants for a new or renewal food manufacturer's license shall
pay a license fee.
(A) For each place of business having gross annual
manufactured food sales of $0.00 - $9,999.99, the fees are:
(i) $100 for a two-year license;
(ii) $100 for a two-year license that is amended due
to a change of ownership; and
(iii) $50 for a two-year license that is amended during
the current licensure period due to minor changes.
(B) For each place of business having gross annual
manufactured food sales of $10,000 - $24,999.99, the fees are:
(i) $150 for a two-year license;
(ii) $150 for a two-year license that is amended due
to a change of ownership; and
(iii) $75 for a two-year license that is amended during
the current licensure period due to minor changes.
(C) For each place of business having gross annual
manufactured food sales of $25,000 - $99,999.99, the fees are:
(i) $250 for a two-year license;
(ii) $250 for a two-year license that is amended due
to a change of ownership; and
(iii) $125 for a two-year license that is amended during
the current licensure period due to minor changes.
(D) For each place of business having gross annual
manufactured food sales of $100,000 - $199,999.99, the fees are:
(i) $560 for a two-year license;
(ii) $560 for a two-year license that is amended due
to a change of ownership; and
(iii) $280 for a two-year license that is amended during
the current licensure period due to minor changes.
(E) For each place of business having gross annual
manufactured food sales of $200,000 - $999,999.99, the fees are:
(i) $900 for a two-year license;
(ii) $900 for a two-year license that is amended due
to a change of ownership; and
(iii) $450 for a two-year license that is amended during
the current licensure period due to minor changes.
(F) For each place of business having gross annual
manufactured food sales of $1 million - $9,999,999.99, the fees are:
(i) $1,120 for a two-year license;
(ii) $1,120 for a two-year license that is amended
due to a change of ownership; and
(iii) $560 for a two-year license that is amended during
the current licensure period due to minor changes.
(G) For each place of business having gross annual
manufactured food sales greater than or equal to $10 million, the
fees are:
(i) $1,680 for a two-year license;
(ii) $1,680 for a two-year license that is amended
due to a change of ownership; and
(iii) $840 for a two-year license that is amended during
the current licensure period due to minor changes.
(2) Food wholesaler. No person may operate or conduct
business as a food wholesaler in this state without first obtaining
a food wholesaler's license from the department. Licenses issued under
this subsection expire two years from the start date of the regulated
activity. Except as provided for in paragraph (4) of this subsection,
all food wholesalers shall pay a license fee.
(A) For each place of business having gross annual
food sales of $0.00 - $199,999.99, the fees are:
(i) $250 for a two-year license;
(ii) $250 for a two-year license that is amended due
to a change of ownership; and
(iii) $125 for a two-year license that is amended during
the current licensure period due to minor changes.
(B) For each place of business having gross annual
food sales of $200,000 - $499,999.99, the fees are:
(i) $450 for a two-year license;
(ii) $450 for a two-year license that is amended due
to a change of ownership; and
(iii) $225 for a two-year license that is amended during
the current licensure period due to minor changes.
(C) For each place of business having gross annual
food sales of $500,000 - $999,999.99, the fees are:
(i) $680 for a two-year license;
(ii) $680 for a two-year license that is amended due
to a change of ownership; and
(iii) $340 for a two-year license that is amended during
the current licensure period due to minor changes.
(D) For each place of business having gross annual
food sales of $1 million - $9,999,999.99, the fees are:
(i) $900 for a two-year license;
(ii) $900 for a two-year license that is amended due
to a change of ownership; and
(iii) $450 for a two-year license that is amended during
the current licensure period due to minor changes.
(E) For each place of business having gross annual
food sales of greater than or equal to $10 million, the fees are:
(i) $1,350 for a two-year license;
(ii) $1,350 for a two-year license that is amended
due to a change of ownership; and
Cont'd... |