|(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 be
in compliance 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 one year of paying the permit fee, a new fee
shall be paid.
(B) 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) Each child care center providing food services
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.
(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 the Health and Safety Code, Chapter 431, and also
required to be permitted under this Chapter, 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.
(8) Gross annual volume of food sales may be verified
by data from the Texas Comptroller of Public Accounts.
(b) Exemptions from permit and fees. Food establishments
permitted and inspected by a county or public health district under
the Texas Health and Safety Code, Chapter 437, provided the inspections
are based on the requirements of §229.373 of this title (relating
to Minimum Standards for Permitting and Operation) are exempted from
obtaining a permit and from paying a fee.
(c) Nonprofit fee exemption. Nonprofit organizations
as defined in §229.371(9) of this title (relating to Definitions)
are exempt from payment of the permit fee. Nonprofit organizations
shall comply with the requirements of §229.373 of this title.
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" must
obtain a permit, pay the required fee, and comply with the requirements.
(d) Application for permit. The permit application
shall be completed on a form furnished by the department and shall
contain the following information:
(1) the name under which the business is operated;
(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; and
(5) the signature of the owner, operator, or other
(e) Nonprofit organizations. A nonprofit organization
is exempt from the permit fee. Internal Revenue Service documentation
of nonprofit status shall be provided if requested by the department
to verify an exemption.
(f) An organizer of an event at which a temporary food
establishment is operated 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 prior to 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.
(2) Multiple-event permit. Multiple-event permits are
issued for a two-year term and the permit fee is $200.
(g) Two or more establishments. If a person owns or
operates two or more establishments, each establishment shall be permitted
separately by listing the name and address of each establishment on
separate application forms.
(h) Pre-permit inspection. The department may conduct
a pre-permit inspection for the purpose of determining compliance
with these rules.
(i) Issuance of a permit. The department may issue
a permit or a renewal permit for an establishment based on compliance
specified in Chapter 228 of this title (relating to Retail Food),
and payment of all fees. Copies of the permit application may be obtained
from the department, 1100 West 49th Street, Austin, Texas 78756-3182
or online at http://www.dshs.state.tx.us/license.shtm.
(1) The permit shall be posted in a location in the
food establishment that is conspicuous to consumers.
(2) Permits for mobile food units, including pushcarts
and roadside food vendors, shall be displayed on the units at all
(3) A permit shall only be issued when all past due
and delinquency fees have been paid. This applies to any delinquent
penalties due under an order issued by the department.
(j) Renewal of a permit.
(1) The permit holder shall submit a renewal application
and permit fees prior to the expiration date of the permit. A person
who files a renewal application after the expiration date shall pay
an additional $100 as a delinquency fee.
(2) The department may renew a permit if the applicant
is in compliance with Chapter 228 of this title, and all fees are
(3) A person who does not submit a renewal application
and permit fee prior to the expiration date, and who continues to
operate is in violation of Health and Safety Code, Chapter 437, and
is subject to enforcement proceedings under that chapter, and §229.374
of this title (relating to Refusal, Revocation, or Suspension of a
Permit; Administrative Penalties).
(k) Amendment of permit.
(1) Fee. A permit that is amended, including a change
of name, ownership, or a notification of a change in location of a
permitted food establishment required under Health and Safety Code, §437.0125,
will require submission of fees as outlined in subsection (a) of this
(2) Change of location. A permit is not transferrable
upon change of location with the exception of a permit issued to an
operator of a mobile food unit or roadside food vendor.
(l) Texas Online. Applicants may submit applications
and renewal applications for a permit under these sections electronically
by the Internet through Texas Online at www.texasonline.state.tx.us.
The department is authorized to collect fees, in amounts determined
by the Texas Online Authority, to recover costs associated with application
and renewal application processing through Texas Online.
|Source Note: The provisions of this §229.372 adopted to be effective March 19, 2000, 25 TexReg 2076; amended to be effective January 1, 2005, 29 TexReg 11982; amended to be effective February 1, 2006, 31 TexReg 501; amended to be effective February 18, 2018, 43 TexReg 578