(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 comply 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 two years of paying the permit fee, a new fee shall be paid.
    (B) Mobile food unit 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) For all initial and renewal applications submitted through Texas.gov, the department is authorized to collect fees in amounts determined by the Department of Information Resources to recover costs associated with using Texas.gov.
  (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 Texas Health and Safety Code Chapter 431, and also required to be permitted under this subchapter, 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.
(b) Exemptions from permit and fees.
  (1) Food establishments permitted and inspected by a county or public health district under Texas Health and Safety Code Chapter 437, provided inspections are based on the requirements of §229.373 of this subchapter (relating to Minimum Standards for Permitting and Operation), are exempted from obtaining a permit and paying a fee to the department.
  (2) The following meet the definition of "food establishment" in §229.371 of this subchapter (relating to Definitions), but are not required to pay a fee or obtain a Retail Food Establishment permit under this subchapter:
    (A) food establishments permitted and under the inspection authority granted to municipal health departments;
    (B) food establishments on federal property under federal inspection authority;
    (C) food establishments under the inspection authority of state college or university personnel in accordance with the requirements of §229.373 of this subchapter;
    (D) 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 this section;
    (E) food establishments under the inspection authority of the Texas Health and Human Services Commission (HHSC) Regulatory Services Division;
    (F) facilities under the inspection authority of the HHSC Regulatory Services Division;
    (G) hospitals under the inspection authority of the HHSC Regulatory Services Division and that do not serve food to the general public;
    (H) correctional facilities under the inspection authority of the Texas Department of Criminal Justice;
    (I) nonprofit organizations as defined in §229.371(3) of this subchapter; (Nonprofit organizations which meet the definition of "manufacturers of food" under Texas Health and Safety Code Chapter 431, or the definition of "food salvage establishments" under Texas Health and Safety Code Chapter 432, are not exempt from licensure in those categories.)
    (J) food and beverage vending machines; and
    (K) 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.)
(c) Nonprofit fee exemption. Nonprofit organizations as defined in §229.371(3) of this subchapter (relating to Definitions) are exempt from payment of the permit fee. Nonprofit organizations shall comply with the requirements of §229.373 of this subchapter. 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" shall obtain a permit, pay the required fee, and comply with the requirements.
(d) Application for permit. The permit application shall be on a form furnished by the department and shall contain the following information:
  (1) the name under which the establishment operates;
  (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;
  (5) the signature of the owner, operator, or other authorized person; and
  (6) any other information the department may require issuing a permit.
(e) Temporary food establishments. An organizer of an event at which a temporary food establishment operates 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 before 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. The fee is non-refundable.
  (2) Multiple-event permit. A multiple-event permit is issued for a two-year term and the permit fee is $200. The fee is non-refundable.
(f) Two or more establishments. Each establishment shall submit an application even if it is owned by the same person.
(g) Pre-permit inspection. The department may conduct a pre-permit inspection to determine compliance with this subchapter.
(h) Issuance of a permit. The department may issue a permit or a renewal permit for an establishment based on compliance with Chapter 228 of this title (relating to Retail Food Establishments), and payment of all fees. Copies of the permit application are available by sending a request to the department at 1100 West 49th Street, Austin, Texas 78756-3182 or by downloading online at: https://www.dshs.texas.gov/retail-food-establishments/permitting-information-retail-food-establishments.
  (1) The permit or proof of permit shall be posted in a location in the food establishment conspicuous to consumers.
  (2) Permits for mobile food units, including pushcarts and roadside food vendors, shall be displayed on the unit at all times.
  (3) A permit shall only be issued when all past due and delinquency fees are paid. This applies to any delinquent penalties due under an order issued by the department.
(i) Renewal of a permit.
  (1) The permit holder shall submit a renewal application and permit fees before the expiration date of the permit. A person filing a renewal application after the expiration date shall pay an additional $100 as a delinquency fee.
Cont'd...
(2) The department may renew a permit if the applicant is compliant with Chapter 228 of this title, and all fees are paid.
  (3) Failure to submit a renewal application and permit fee before the expiration date, while continuing to operate, is a violation of Texas Health and Safety Code Chapter 437, and is subject to enforcement proceedings under that chapter, and §229.374 of this subchapter (relating to Refusal, Revocation, or Suspension of a Permit; Administrative Penalties).
(j) Amendment of permit.
  (1) Fee. For a permit amendment, including a change of name or physical location of a food establishment requiring a permit under Texas Health and Safety Code §437.0125, the permit holder shall pay as follows:
    (A) for an establishment with gross annual volume of food sales of $0 - $49,999.99, the fee is $125;
    (B) for an establishment with gross annual volume of food sales of $50,000.00 - $149,999.99, the fee is $250;
    (C) for an establishment with gross annual volume of food sales of $150,000.00 or more, the fee is $375; or
    (D) for each mobile food unit, roadside vendor, school food establishment, or central preparation facility, the fee is $125.
  (2) Change of location. A permit is not transferrable to another location for any non-mobile food establishment except in the case of a permit amendment as described in paragraph (1) of this subsection.

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; amended to be effective May 13, 2024, 49 TexReg 3288