| (iii) $350 for a two-year license that is amended during
the current licensure period due to minor changes.
(C) For each place of business having food storage
of 24,001 - 75,000 square feet, the fees are:
(i) $1,050 for a two-year license;
(ii) $1,050 for a two-year license that is amended
due to a change of ownership; and
(iii) $525 for a two-year license that is amended during
the current licensure period due to minor changes.
(D) For each place of business having food storage
of 75,001 - 250,000 square feet, the fees are:
(i) $1,400 for a two-year license;
(ii) $1,400 for a two-year license that is amended
due to a change of ownership; and
(iii) $700 for a two-year license that is amended during
the current licensure period due to minor changes.
(E) For each place of business having food storage
of 250,001 or more square feet, the fees are:
(i) $2,000 for a two-year license;
(ii) $2,000 for a two-year license that is amended
due to a change of ownership; and
(iii) $1,000 for a two-year license that is amended
during the current licensure period due to minor changes.
(6) A firm that has more than one business location
may request a one-time proration of fees when applying for a license
for each new location. Upon approval by the department, the expiration
date of the license for the new location will be established the same
as the firm's previously licensed locations.
(7) For all applications and renewal applications,
the department is authorized to collect subscription and convenience
fees, in amounts determined by the Department of Information Resources,
to recover costs associated with application and renewal application
processing through tex.gov.
(8) All license/registration fees paid under this section
are non-refundable.
(9) If the license/registration category changes during
the license period, the license shall be renewed in the proper category
at the time of renewal.
(c) License/registration forms. License/registration
forms may be obtained from the department, located at 1100 West 49th
Street, Austin, Texas 78756-3182, or from the website at www.dshs.state.tx.us/fdlicense/apps.shtm.
(d) License/registration application. All food manufacturers,
food wholesalers, and warehouse operators shall file a license application
on a form authorized by the department.
(1) The application form shall be signed and verified,
and shall contain the following information:
(A) the name of the legal entity to be licensed, including
the name under which the business is conducted;
(B) the physical address of the place of business;
(C) the mailing address of the place of business;
(D) if a sole proprietorship, the name of the proprietor;
if a partnership, the names of all partners; if a corporation, the
name of the corporation, the date and place of incorporation and 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;
(E) 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
(F) a list of categories of gross annual sales or square
footage as applicable, which must be marked and adhered to by the
licensee in the determination and paying of the license fee.
(2) Food wholesalers who meet the requirements to register
under subsection (b)(7) of this section, must submit a registration
form authorized by the department which shall be signed and verified,
and contain the following information:
(A) the name of the legal entity to be registered,
including the name under which the business is conducted;
(B) the name, telephone number, and physical addresses
of the licensed warehouses where the food wholesaler's food products
are or will be stored;
(C) the physical address where the food wholesaler's
distribution records are located and available for review upon inspection;
(D) the mailing address and telephone number where
the food wholesaler may be contacted; and
(E) a description of the type of food products being
distributed by the food wholesaler.
(e) Two or more establishments. If the food manufacturer,
food wholesaler, or warehouse operator operates more than one place
of business, each place of business shall be licensed separately by
listing the name and address of each place of business on the license
application.
(f) Issuance of license/registration. The department
may license/register a manufacturer, food wholesaler, or warehouse
operator who meets the requirements of this section and §229.183
of this title (relating to Minimum Standards for Licensure/Registration).
(1) The initial license/registration shall be valid
for two years from the date the license/registration was issued.
(2) The renewal license/registration shall be valid
for two years from the date the license/registration was issued.
(3) A current license/registration shall only be issued
when all past due fees and late fees are paid.
(g) Renewal of license/registration.
(1) For each licensing/registration period, the food
manufacturer, food wholesaler, or warehouse operator shall renew its
license/registration as applicable following the requirements of this
section and §229.183 of this title.
(2) A person who holds a license/registration issued
by the department under the Health and Safety Code shall renew the
license/registration by filing an application for renewal on a form
authorized by the department accompanied by the appropriate licensing/registration
fee. A licensee/registrant must file for renewal before the expiration
date of the current license. A person who files a renewal application
after the expiration date must pay an additional $100 as a delinquency
fee.
(3) Failure to submit the renewal during the licensing/registration
period may subject the food manufacturer, food wholesaler, or warehouse
operator to the offense provisions under the Health and Safety Code,
Chapter 431, to the provision of §229.184 of this title (relating
to the Refusal, Revocation, or Suspension of License/Registration),
and to the provisions of §229.222 of this title (relating to
Enforcement).
(h) Amendment of license/registration.
(1) Fees. A license or registration that is amended
during the licensing or registration period, including a change of
name, ownership (change in legal entity), or a notification of a change
in the location of a licensed or registered place of business required
under the Health and Safety Code, §431.2251, will require a new
application and submission of license or registration fees as outlined
in subsection (b) of this section.
(2) Change in name, ownership, status, or location
of business.
(A) Not later than the 31st day before the date of
the change in the name, status, or location of a licensed/registered
place of business, the license/registration holder shall provide written
notice to the department of the intended change. The notice shall
include, as applicable:
(i) The new name of the legal entity to be licensed
or registered, including the name under which the business is conducted;
(ii) The physical and mailing address of the new location;
(iii) The name and physical address of the licensed
warehouse where the food wholesaler's food products will be stored;
(iv) The physical address where the food wholesaler's
distribution records are located and available for review upon inspection;
and
(v) The mailing address and telephone number where
the food wholesaler may be contacted.
(B) Not later than the 10th day after completion of
the change of location, the licensee or registrant shall forward to
the department the name and residence address of the individual in
charge of the new place of business.
(C) Notice is considered adequate if the licensee or
registrant provides the intent and verification notices to the department
by certified mail, return receipt requested, mailed to the department
at Regulatory Licensing Unit, Food and Drug Licensing Group, Mail
Code 2835, P.O. Box 149347, Austin, Texas 78714-9347.
(i) This section does not apply to:
(1) a person, firm, or corporation that harvests, packages,
or washes raw fruits or vegetables for shipment at the location of
harvest;
(2) a direct seller who is not otherwise engaged in
manufacturing;
(3) a person engaged solely in the distribution of
alcoholic beverages in sealed containers by holders of licenses or
permits issued under the Alcoholic Beverage Code, Chapters 19, 20,
21, 23, 64, or 65;
(4) a food service establishment or a commissary which
distributes food primarily intended for immediate consumption on the
premises of a retail outlet under common ownership unless the business
regularly engages in the labeling, combining, and purifying of food
which is either sold for resale or packaged for sale in other than
individual portions; or
(5) a restaurant that provides food for immediate human
consumption to a political subdivision or to a licensed nonprofit
organization if the restaurant would not otherwise be considered a
food wholesaler.
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