1. (a) Except as specified in subsection (b) of this section, a certified food protection manager must be present at the food establishment during all hours of operation as required in the United States Food and Drug Administration (FDA) 2022 Food Code (Food Code) §2-101.11 and §2-102.12.

2. (b) Food establishments deemed by the regulatory authority to pose minimal risk of causing or contributing to foodborne illness based on the nature of the operation and extent of food preparation are exempt from the requirements in subsection (a) of this section. The exemption includes:

   1. (1) a Type I mobile food vendor (MFV); or
   2. (2) other MFVs that do not prepare or handle unpackaged TCS food.
3. (c) All employees involved in the preparation and service of food products, except for certified food protection managers, must successfully complete an accredited food handler training course within 30 days of employment.
4. (d) MFVs must display a sign or poster notifying food employees to report any symptoms or medical diagnoses related to diseases that can be spread through food. The sign or poster must be displayed where all employees can easily see the sign or poster.

5. (e) Driver requirements.

   1. (1) A person who drives a motorized food vending vehicle (FVV) must possess a valid driver's license as required by Texas Transportation Code Chapter 521.
   2. (2) A person who drives a motorized FVV must hold a current commercial driver's license if required by Texas Transportation Code Chapter 522.

Source Note:The provisions of this §226.3 adopted to be effective May 19, 2026, 51 TexReg 3374.