| (a) Inspection fees. A person operating a non-permitted
food establishment, who requests an inspection be conducted by the
department, shall pay an inspection fee for each inspection of the
establishment. All inspection fees are nonrefundable.
(1) A school food establishment requesting two inspections
per year shall pay for both inspections before the first inspection
is conducted by the department. The school food establishment fee
is $300 for two inspections. The fee is non-refundable.
(2) A person operating a non-permitted food establishment
that is not a school food establishment shall pay an inspection fee
for each inspection of the establishment.
(A) The inspection fee is $150 per inspection.
(B) An application and inspection fee must be submitted
to the department at least 6 weeks before the earliest desired inspection
date.
(b) Non-permitted food establishments, other than schools,
inspection fee requirement. Non-permitted food establishments, that
are nonprofit organizations as defined in §229.471(7) of this
subchapter (relating to Definitions), are not exempt from paying an
inspection fee as required under subsection (a) of this section. Nonprofit
organizations are exempt from obtaining a permit as specified in §229.372(c)
of this chapter (relating to Permitting Fees and Procedures). Nonprofit
organizations shall comply with §229.473 of this subchapter (relating
to Minimum Standards for Permitting and Operation). Any civic or fraternal
organization, charity, lodge, association, proprietorship, corporation,
or church not meeting the definition of "nonprofit organization"
shall obtain a permit, pay the required fee, and comply with the requirements
for permitted food establishments. Internal Revenue Service documentation
of nonprofit status shall be provided, if requested by the department.
(c) Food establishments under the jurisdiction of county
health departments or public health districts. The department shall
not inspect or collect an inspection fee from food establishments
permitted or inspected by a county or public health district under
Texas Health and Safety Code Chapter 437, or food establishments permitted
or inspected under authority granted to municipalities.
(d) Exemptions from fees. The following meet the definition
of "food establishment" in §229.471 of this subchapter,
but are not required to pay a fee to the department or obtain a Retail
Food Establishment inspection under this subchapter:
(1) food establishments permitted and inspected under
authority granted to municipalities;
(2) food establishments inspected by state college
or university personnel in accordance with the requirements of §229.373
of this chapter (relating to Minimum Standards for Permitting and
Operation);
(3) food establishments licensed under Texas Health
and Safety Code Chapter 431, as manufacturers of food, provided the
fee for licensure exceeds the permit fee required under §229.372
of this chapter;
(4) food establishments under the inspection authority
of the Texas Health and Human Services Commission (HHSC) Regulatory
Services Division;
(5) facilities under the inspection authority of the
HHSC Regulatory Services Division;
(6) hospitals under the inspection authority of the
HHSC Regulatory Services Division and that do not serve food to the
general public;
(7) federally inspected food establishments on federal
property;
(8) correctional facilities under the inspection authority
of the Texas Department of Criminal Justice; and
(9) mobile food units permitted and inspected under
the authority granted to municipalities and which operate only within
their respective jurisdictions. (Except for units which handle only
pre-packaged, non-TCS foods, a mobile food unit is classified as a
food establishment, regardless of whether food preparation occurs
on the unit.)
(e) Application for inspection request. The inspection
request shall be submitted on an application form furnished by the
department and shall contain the following information:
(1) the name under which an establishment is operated;
(2) the mailing address and street address of the establishment;
and
(3) the signature of the owner, operator, or other
authorized person.
(f) Two or more establishments. If a person owns or
operates two or more establishments, each establishment shall request
inspections separately by listing the name and address of each establishment
on separate application forms. A school district may submit a single
application and attach a listing of each school food establishment
requesting inspection.
(g) Application form. Copies of the application for
inspection request form may be obtained from the department, 1100
West 49th Street, Austin, Texas 78756-3182, or online at https://www.dshs.texas.gov/retail-food-establishments/permitting-information-retail-food-establishments.
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