Permitting Information - Retail Food Establishments
DSHS Retail Food Safety Operations is currently amending Title 25, Chapter 229, Texas Administrative Code (25 TAC 229), Subchapter U (Permitting Retail Food Establishments) and Subchapter Z (Inspection Fees for Retail Food Establishments). Amendments include removal of references to “child care center” and updating of other language. The draft amendments can be viewed at HHS Comment on Proposed and Draft Rules. Informal comments regarding the draft rule amendments can be sent to DSHS Retail Food Safety Operations.
Food & Drug Program Update
11/19/2021
EFFECTIVE IMMEDIATELY
All applications with fees are to be sent to this address:
Department of State Health Services
Cash Receipts Branch – MC 2003
PO Box 149347
Austin, TX 78714-9347
Contact Us
For help, contact Food Licensing Group via email or by phone at 512-834-6727.
Table of Contents
- Retail Food Establishments and Food Stores
- Mobile Food Units
- Roadside Food Vendors
- School Food Establishments
- Temporary Retail Food Establishments
- Businesses Not Requiring Permits
- Exemptions from Permitting
Retail Food Establishments and Food Stores
A retail food establishment is any place where food is prepared and intended for individual portion service. This includes the site at which individual portions are provided for consumption on or off the premises and regardless of whether there is a charge for the food.
Bed & breakfasts with more than 7 rooms, restaurants, bars, cafes, snack bars, hospitals that serve food to the general public, correctional facilities (jails) that contract with professional food management corporations for food preparation, and privately-owned correctional facilities are all considered to be retail food establishments.
A retail food store is a food establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption. This includes delicatessens that offer prepared food in bulk quantities only, grocery stores, markets, etc.
Permitting
To apply for a new permit or renew a current permit, please visit the Regulatory Services online licensing system, or complete and return the Retail Food Operation Permit Application (PDF, 113KB).
Fees
Fees for initial applications, renewals, and change of ownership are based on gross annual volume of food sales.
| Gross Annual Volume of Food Sales | Permitting Fee |
|---|---|
| $0 – $49,999.99 | $258 |
| $50,000 – $149,999.99 | $515 |
| $150,000 or more | $773 |
Amendments
To amend an existing permit, please complete and return the Retail Food Operation Amendment Application (PDF, 110KB).
Fees
Fees for initial applications, renewals, and change of ownership are based on gross annual volume of food sales.
| Gross Annual Volume of Food Sales | Amendment Fee |
|---|---|
| $0 – $49,999.99 | $125 |
| $50,000 – $149,999.99 | $250 |
| $150,000 or more | $375 |
Mobile Food Units
Mobile food units are defined as a vehicle-mounted mobile food establishment, designed to be readily moveable.
An initial inspection must be performed after payment and prior to permit issuance.
Permitting
Please see the Guidelines for Mobile Food Units- How to Mobilize Your Food Operation (PDF, 2650KB) prior to applying for a permit. Mobile Food Units require a separate permitted and inspected Central Preparation Facility. For information on requesting a variance from this requirement, please review Variance Request Procedures for Mobile Food Units (PDF)
To apply for a new permit or renew a current permit, please visit the Regulatory Services online licensing system, or complete and return the Mobile Unit Food Establishment Permit Application (PDF). To apply for a Variance, please submit all requested information to our compliance department.
Fees
Fees for initial applications, renewals, and change of ownership are $258 per unit.
Amendments
To amend an existing permit, please complete and return the School/Roadside Vendor/Mobile Unit Amendment Application (PDF, 110KB).
Fees
Fees for amendments are $125.00.
Roadside Food Vendors
A roadside food vendor is a person who operates a mobile retail food store from a temporary location adjacent to a public roadway or highway. Food shall not be prepared or processed by a roadside food vendor. A roadside food vendor is classified as a mobile food establishment.
(Time/Temperature Control For Safety Foods (potentially hazardous foods) shall not be prepared or processed by roadside food vendors.)
Permitting
Please see the Roadside Food Vendor Checklist (PDF, 41KB) prior to applying for a permit.
To apply for a new permit or renew a current permit, please visit the Regulatory Services online licensing system, or complete and return the Mobile Unit Food Establishment Permit Application (PDF, 114KB).
Fees
The fee for an initial application, renewal, or change of ownership is $258.
Amendments
To amend an existing permit, please complete and return the School/Roadside Vendor/Mobile Unit Amendment Application (PDF, 110KB).
Fees
Fees for amendments are $125.00.
School Food Establishments
A school food establishment is operated on a for-profit basis by a private contractor.
Permitting
To apply for a new permit or renew a current permit, please visit the Regulatory Services online licensing system, or complete and return the School Food Operation Permit Application (PDF, 114KB).
Fees
The fee for an initial application, renewal, or change of ownership is $258.
Amendments
To amend an existing permit, please complete and return the School/Roadside Vendor/Mobile Unit Amendment Application (PDF, 110KB).
Fees
Fees for amendments are $125.00.
Temporary Retail Food Establishments
A temporary food establishment is a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
The single event permit is valid for one individual food booth or unit at one specific event, and is valid for 14 consecutive days from the initial effective date. The multiple event permit is valid for one individual food booth or unit at multiple events for 2 years from the initial effective date, provided that each event does not exceed 14 consecutive days.
Permitting
Applications must be received by the Department at least 30 days prior to the event.
Single event permits may be obtained using the online licensing system or by completing and returning the Temporary Food Establishment Single Event Permit Application (PDF, 86KB).
Multiple event permits applications must be submitted using the Temporary Food Establishment Multiple Event Permit Application (PDF, 85KB).
For further information regarding temporary events in Texas Department of State Health Services, please use the Temporary Food Establishment Fact Sheet and/or Temporary Food Establishment Checklist.
Fees
Single event permits are $52, and the fee for a multiple event permit is $200.
Application for Inspection
Permitting
A School Cafeteria that is run by an Independent School District and requires 2 inspections per year can apply for an inspection by completing and returning the School Food Establishment Inspection Application. (PDF, 115 KB)
A non-profit organization requiring an inspection can apply for an inspection by completing and returning the Food Establishment Inspection Application. (52 KB)
Fee
The fee for each inspection is $150.00.
Businesses Not Requiring Permits
- Day care facilities. Be advised that DSHS does not inspect food service at daycare or live-in child-care facilities.*
- Establishments that offers only pre-packaged foods that are not potentially hazardous
- Produce stands that only offers whole, uncut fresh fruits and vegetables
- Food processing plants
- A Bed and Breakfast limited facility
- A private home that receives catered or home-delivered food
- A kitchen in a private home is not considered a food establishment if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale (if allowed by law)
* As of April 1, 2010, Texas Department of State Health Services is no longer licensing daycare facilities as food establishments. For further information please call 512-834-6727. Be advised that DSHS does not inspect food service at daycare or live-in child-care facilities.
Exemptions from Permitting
Organizations are exempt from permitting if they are:
- Licensed by the Texas Department of State Health Services as a food manufacturer AND paying a higher fee; or
- Inspected and permitted by a City, County or Public Health District; or
- A non-profit registered as a 501(C) organization