| (iii) $675 for a two-year license that is amended during
the current licensure period due to minor changes.
(3) Wholesaler with combination products. A person
who is required to be licensed as a food wholesaler under this section
and who is also required to be licensed as a wholesale distributor
of drugs under §229.249(a) of this title (relating to Licensure
Fees) or as a device distributor under §229.439(a)(1) of this
title (relating to Licensure Fees) shall pay a combined licensure
fee for each place of business. The licensure fee shall be based on
the combined gross annual sales of these regulated products (foods,
drugs, and/or devices).
(A) For each place of business having combined gross
annual sales of $0.00 - $199,999.99, the fees are:
(i) $520 for a two-year license;
(ii) $520 for a two-year license that is amended due
to a change of ownership; and
(iii) $260 for a license that is amended during the
current licensure period due to minor changes.
(B) For each place of business having combined gross
annual sales of $200,000 - $499,999.99, the fees are:
(i) $780 for a two-year license;
(ii) $780 for a two-year license that is amended due
to a change of ownership; and
(iii) $390 for a license that is amended during the
current licensure period due to minor changes.
(C) For each place of business having combined gross
annual sales of $500,000 - $999,999.99, the fees are:
(i) $1,040 for a two-year license;
(ii) $1,040 for a two-year license that is amended
due to a change of ownership; and
(iii) $520 for a license that is amended during the
current licensure period due to minor changes.
(D) For each place of business having combined gross
annual sales of $1 million - $9,999,999.99, the fees are:
(i) $1,300 for a two-year license;
(ii) $1,300 for a two-year license that is amended
due to a change of ownership; and
(iii) $650 for a license that is amended during the
current licensure period due to minor changes.
(E) For each place of business having combined gross
annual sales greater than or equal to $10 million, the fees are:
(i) $1,950 for a two-year license;
(ii) $1,950 for a two-year license that is amended
due to a change of ownership; and
(iii) $975 for a license that is amended during the
current licensure period due to minor changes.
(4) Food wholesaler registration. Except as provided
in paragraph (3) of this subsection, a food wholesaler is not required
to obtain a license under this section for a place of business if
all of the food distributed from that place of business will be stored
in a warehouse licensed under this section. A food wholesaler that
is not required to obtain a license for a place of business under
this section shall register each place of business with the department
pursuant to subsection (d)(2) of this section, but only one registration
fee must be paid by each such food wholesaler. A food wholesaler who
meets this subsection's requirements shall pay a registration fee
of $100. A registration issued under this subsection expires two years
from the start date of the regulated activity.
(5) Warehouse operator. No person may operate or conduct
business as a warehouse operator 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. License
fees are based on the maximum amount of square feet dedicated to food
storage during the licensing period. A warehouse operator shall pay
a license fee.
(A) For each place of business having food storage
of 0 - 6,000 square feet, the fees are:
(i) $350 for a two-year license;
(ii) $350 for a two-year license that is amended due
to a change of ownership; and
(iii) $175 for a two-year license that is amended during
the current licensure period due to minor changes.
(B) For each place of business having food storage
of 6,001 - 24,000 square feet, the fees are:
(i) $700 for a two-year license;
(ii) $700 for a two-year license that is amended due
to a change of ownership; and
(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
Cont'd... |
