| (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.
|
| Source Note: The provisions of this §229.182 adopted to be effective July 21, 2004, 29 TexReg 6940; amended to be effective February 1, 2006, 31 TexReg 501; amended to be effective March 7, 2007, 32 TexReg 1076; amended to be effective October 11, 2012, 37 TexReg 8027 |
