1. (a) Mobile food vendor (MFV) categories. The department assigns each MFV to a category based on the type of food served and how the food is prepared. Each category of MFV is described in the definition of "mobile food vendor (MFV)" in §226.2 of this chapter.
2. (b) Reclassification. When an MFV wants to sell food or beverages that require a different category than initially approved, the MFV must inform the department about the specific food or beverages to be sold. The regulatory authority may conduct a health inspection to decide if a new category is needed.

3. (c) Health inspection. The regulatory authority may require an MFV, and food vending vehicle (FVV), to appear at a location chosen by the regulatory authority. The FVV must be fully functional at the time of inspection, including proper operation of handwash stations, warewash equipment, refrigeration units, and wastewater disposal systems. The following documentation must be available during inspection:

   1. (1) Certified Food Protection Manager and Food Handler Certification;
   2. (2) central preparation facility (CPF) authorization (if required): a signed letter of authorization is required, to verify facility use, if the CPF is not owned by the mobile unit operator;
   3. (3) CPF inspection report (if required);

   4. (4) servicing area documentation and authorization: the MFV must keep the following records on the FVV:

      1. (A) records that show use of an approved water source and an approved sanitary sewage system; such records may include invoices, written agreements, or other available evidence;
      2. (B) a servicing area activity log that must show the date and time the MFV and FVV obtained potable water, properly disposed sewage and other liquid waste, or properly disposed grease or other cooking waste; and
      3. (C) a signed letter by the department or local authority, if applicable, giving authorization to use a servicing area, if the servicing area is not owned by the MFV; and
   5. (5) a menu of all food items to be sold.

4. (d) Notice of location for inspections. An MFV must provide the department, to the best of the vendor's knowledge, a list of all planned locations of operation along with an itinerary listing the dates and times the MFV plans to operate at these locations. The itinerary must be provided at least seven days before the first date listed in the itinerary. The MFV can share the itinerary on the MFV's social media or website. If the MFV does not post the itinerary on social media or the vendor's internet website, the MFV must send the itinerary to the department, in the form and way the department requires.

   1. (1) The regulatory authority must be able to find and inspect an MFV and FVV using the provided itinerary. If an MFV cannot be located, then the regulatory authority may require an MFV and FVV to come to a location designated by the regulatory authority.
   2. (2) If an MFV is not able to be located according to provided itinerary or does not appear for an inspection agreed upon by the regulatory authority then the MFV's license may be subject to suspension or revocation.
   3. (3) If an MFV requires a compliance inspection, the MFV must notify the department of FVV's location to coordinate the compliance inspection within the timeframe specified by the department. If an MFV does not notify the department or coordinate the compliance inspection, the MFV's license may be subject to suspension or revocation.
5. (e) An MFV must allow inspection by a representative of the regulatory authority during any hours of operation to check compliance with this chapter. An MFV's refusal of inspection or cooperation with a complaint investigation may result in suspension or revocation of a license. Refusal to allow an inspection by a local authority acting under a collaborative agreement with the regulatory authority will be considered a refusal to allow the regulatory authority to inspect.
6. (f) The MFV must provide the required valid driver's license or commercial driver's license upon request to the regulatory authority during pre-licensing, routine health inspections, and investigations. Driver's licenses required for the operation of the FVV must be present during all hours of MFV operation.

7. (g) Refusal, revocation, or suspension of a license; administrative penalties.

   1. (1) Basis. The department may refuse an application for a license or may revoke or suspend a license for violations of this chapter or for interference with a department representative in the performance of their duties under this chapter, as governed in Texas Health and Safety Code (HSC) §437B.202.
   2. (2) Hearings. Any hearings for the refusal, revocation, or suspension of a license are governed by §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures) or under the provisions of the Texas Government Code Chapter 2001, Administrative Procedure Act.
   3. (3) Reinstatement. A former license holder may apply for reinstatement of a suspended license by demonstrating corrections and controls are implemented to prevent future violations. The department may reinstate the license after the department has determined the MFV no longer poses a risk to public health and safety. The department may also require employees of an MFV to successfully complete a department-accredited training course on food safety principles before reinstatement of the license.
   4. (4) Administrative penalties. Administrative penalties in Texas Health and Safety Code §437.018 and §437B.205, and in §229.261 of this title (relating to Assessment of Administrative Penalties), may be assessed for violations of this chapter.

Source Note:The provisions of this §226.8 adopted to be effective May 19, 2026, 51 TexReg 3374.