Current through Reg. 49, No. 52; December 27, 2024
(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.
