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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER UPERMITTING RETAIL FOOD ESTABLISHMENTS
RULE §229.372Permitting Fees and Procedures

(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 authorized person.

(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 times.

  (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 paid.

  (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 section.

  (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

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