Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 229 - FOOD AND DRUG
Subchapter Z - INSPECTION FEES FOR RETAIL FOOD ESTABLISHMENTS
Section 229.472 - Inspection Fees and Procedures

Universal Citation: 25 TX Admin Code ยง 229.472

Current through Reg. 49, No. 38; September 20, 2024

(a) Inspection fees. A person who operates a non-permitted food establishment, that 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 that requests two inspections per year shall pay for both inspections before the first inspection is conducted by the department.
(A) The school food establishment fee is $300 for two inspections.

(B) An application and inspection fee must be submitted between September 15 and October 31 annually.

(2) A person who operates 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 prior to 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(9) of this title (relating to Definitions), are not exempted from the payment of an inspection fee as required under subsection (a) of this section. Nonprofit organizations are exempted from obtaining a permit as specified in § 229.372(e) of this title (relating to Permitting Fees and Procedures). Nonprofit organizations shall comply with the requirements of § 229.473 of this title (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" must 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) The department shall not inspect or collect an inspection fee from food establishments permitted or inspected by a county or public health district under the Texas Health and Safety Code, Chapter 437, or food establishments permitted or inspected under authority granted to Home-Rule or Type A General-Law Municipalities.

(d) Application for inspection request. The inspection request 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; and

(3) the signature of the owner, operator, or other authorized person.

(e) 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 to be inspected.

(f) 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 www.dshs.state.tx.us/fdlicense.shtm.

(g) Texas Online. Applicants may submit an application for inspection request under these sections electronically by the Internet through Texas Online at www.texasonline.state.tx.us, when available. 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.

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