(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.

Source Note: The provisions of this §229.472 adopted to be effective September 1, 2007, 32 TexReg 5376; amended to be effective May 13, 2024, 49 TexReg 3288