The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

1. (1) Applicant--A person who sends an application to the department for a license to operate as a mobile food vendor (MFV) under this chapter.
2. (2) Central preparation facility (CPF)--A facility approved by the regulatory authority for preparing, storing, serving, vending, or packaging food and for servicing the food vending vehicle (FVV) or other retail food establishments, such as outfitter operations. A commissary is a central preparation facility.
3. (3) Department--Texas Department of State Health Services.
4. (4) Fire Code--The National Fire Protection Association (NFPA) standards.
5. (5) Food--A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
6. (6) Food Code--United States Food and Drug Administration (FDA) 2022 Food Code.
7. (7) Food service establishment--A food establishment as defined in §228.2 of this title (relating to Definitions).
8. (8) Food vending vehicle (FVV)--Any vehicle that is a self-enclosed food service establishment (including catering trucks, trailers, and roadside vendors) or pushcart that operates to store, prepare, display, serve, or sell food as a food service establishment and is designed to be readily movable. An FVV may be self- or otherwise-propelled, or vehicle-mounted. An FVV does not include a stand or a booth.
9. (9) License holder--A person who holds an MFV license issued under this chapter.
10. (10) Local authority--A municipality, county, public health authority, special purpose district or authority, or any other political subdivision of this state.

11. (11) Mobile food vendor (MFV)--Any person who dispenses food or beverages from an FVV for immediate service or consumption. An MFV may cook, cool, hold, prepare, reheat, or conduct other activities allowed by the Food Code to fulfill food orders for immediate consumption. An MFV may not perform food manufacturer or food wholesaler activities on an FVV under Texas Health and Safety Code (HSC) Chapter 431. An MFV does not include any operation that is not readily moveable. MFVs are divided into three categories:

    1. (A) Type I--an MFV that dispenses only non-time and temperature control for safety (TCS) prepackaged food and does not sell TCS beverages, or an MFV that otherwise poses a low risk of harm to the public as determined by the department;
    2. (B) Type II--an MFV that dispenses prepackaged TCS foods or food that requires limited handling and preparation, or TCS foods that are prepared to order and served for immediate consumption; processes may include preparing, cold holding, thawing, and/or reheating of commercially processed and/or packaged products for immediate consumption; and
    3. (C) Type III--an MFV that prepares, cooks, holds, and serves food from an FVV; processes may include hot holding, cold holding, thawing, cooking, cooling, reheating, or conducting other activities allowed by the Food Code.
12. (12) Person--An individual, business, partnership, organization, corporation, or association.
13. (13) Prepackaged food--Commercially labeled and processed food that is already in a package to stop direct contact with the food during distribution by the manufacturer, food facility, or other approved source. Prepackaged does not include food only wrapped or placed in a carry-out container by a food employee, at the consumer's request.
14. (14) Pushcart--A non-self-propelled FVV limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and readily movable by one or two people. A pushcart is classified as an FVV. A pushcart does not include non-self-propelled units owned and operated within a retail food store. This type of vehicle requires the support of a central preparation facility.
15. (15) Readily moveable--Able to easily move without delay or difficulty; free of alterations, attachments, additions, placement, or change in, under, or upon the FVV that prevent or otherwise reduce the ability to easily move without delay or difficulty. Readily moveable also includes any other requirements set forth by the regulatory authority.
16. (16) Regulatory authority--The department. The department may enter into a collaborative agreement to allow a local authority to inspect on the department's behalf. When such an agreement is in place, the local authority has full authority to conduct health inspections as the department's representative.
17. (17) Roadside food vendor--A person who operates an FVV from a temporary location adjacent to a public road or highway. Food is not prepared or processed by a roadside food vendor. A roadside food vendor is classified as an MFV.
18. (18) Servicing area--A location that an FVV visits to fill the potable water tank with potable water from an approved source and to empty grease, cooking waste, and sewage from the wastewater tank into a wastewater collection system as allowed by law and approved by the regulatory authority.
19. (19) TCS--Time/temperature control for safety.
20. (20) TCS food--Time and temperature control for safety food, as defined in Food Code §1-201.10.

Source Note:The provisions of this §226.2 adopted to be effective May 19, 2026, 51 TexReg 3374.