25 Tex. Admin. Code § 229.182 – Licensing Fee and Procedures

(a) Licensing fee and exemptions.
1. (1) All food manufacturers in Texas shall obtain a license annually with the Texas Department of Health and shall pay a license fee as follows:
  1. (A) $25 for each place of business having gross annual manufactured food sales of $0.00-$9,999.99;
  2. (B) $50 for each place of business having gross annual manufactured food sales of $10,000-$24,999.99;
  3. (C) $100 for each place of business having gross annual manufactured food sales of $25,000-$99,999.99;
  4. (D) $250 for each place of business having gross annual manufactured food sales of $100,000-$199,999.99;
  5. (E) $400 for each place of business having gross annual manufactured food sales of $200,000-$999,999.99;
  6. (F) $500 for each place of business having gross annual manufactured food sales of $1 million-$9,999,999.99; and
  7. (G) $750 for each place of business having gross annual manufactured food sales greater than or equal to $10 million.
2. (2) A food manufacturer operating an establishment wherein all manufacturing operations are regulated under statutes administered by the Texas Department of Health other than the Health and Safety Code, Chapter 431, shall be exempt from the payment of the license fee.
3. (3) All food wholesalers in Texas shall obtain a license annually with the Texas Department of Health. Except as provided for in paragraph (4) of this subsection, food wholesalers shall pay a license fee as follows:
  1. (A) $100 for each place of business having gross annual food sales of $0.00-$199,999.99;
  2. (B) $200 for each place of business having gross annual food sales of $200,000-$499,999.99;
  3. (C) $300 for each place of business having gross annual food sales of $500,000-$999,999.99;
  4. (D) $400 for each place of business having gross annual food sales of $1 million-$9,999,999.99; and
  5. (E) $600 for each place of business having gross annual food sales of greater than or equal to $10 million.
4. (4) A food wholesaler who is required to be licensed under this section and who is also required to be licensed as a wholesale drug distributor under §229.252(a)(1) of this title (relating to Licensing Fee and Procedures) or as a device distributor under §229.439(a)(1) of this title (relating to Licensure Fees) shall pay a combined licensure fee for each place of business. The licensure fee shall be based on the combined gross annual sales of these regulated products (foods, drugs, and/or devices) as follows:
  1. (A) $200 for each place of business having combined gross annual sales of $0.00-$199,999.99;
  2. (B) $300 for each place of business having combined gross annual sales of $200,000-$499,999.99;
  3. (C) $400 for each place of business having combined gross annual sales of $500,000-$999,999.99;
  4. (D) $500 for each place of business having combined gross annual sales of $1 million-$9,999,999.99; and
  5. (E) $750 for each place of business having combined gross annual sales greater than or equal to $10 million.
5. (5) For the purpose of collecting licensing fees under this section, a person that distributes both its own manufactured food and food it does not manufacture must obtain only a food manufacturer's license. However, when calculating the amount of the licensing fee, the manufacturer must include the total for all food manufactured and wholesaled from the place of business. In addition, food warehousing locations operated by a food manufacturer, including locations from which foods are held for limited periods of time for distribution, and which are totally separate from any manufacturing location, must be individually licensed as food wholesalers.
6. (6) A firm that has more than one business location may request a one-time proration of fees when applying for a license for each new location. Upon approval by the department, the expiration date of the license for the new location will be established the same as the firm's previously licensed locations.
(b) License forms. License forms may be obtained from the Bureau of Food and Drug Safety, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3182.
(c) License application. All food manufacturers and food wholesalers shall file a license application on a form authorized by the department. The application form shall be signed and verified, and shall contain the following information:
1. (1) the name under which the business is conducted;
2. (2) the physical address of the place of business in the state that is licensed;
3. (3) the mailing address of the place of business in the state that is licensed;
4. (4) if a sole proprietorship, the name of the proprietor; if a partnership, the names of all partners; if a corporation, the name of the corporation, the date and place of incorporation and name and address of its registered agent in the state; or if any other type of association, the names of the principals of such association;
5. (5) the names of those individuals in an actual administrative capacity which, in the case of a sole proprietorship shall be the managing proprietor; in a partnership, the managing partner; in a corporation, the officers and directors; in any other association, those in a managerial capacity; and
6. (6) a list of categories of gross annual sales which must be marked and adhered to by the licensee in the determination and paying of the license fee.
(d) Two or more establishments. If the food manufacturer or food wholesaler operates more than one place of business, each place of business shall be licensed separately by listing the name and address of each place of business on the license application.
(e) Prelicense inspection. The applicant shall cooperate with any prelicense inspection by the department of the manufacturer's or food wholesaler's facilities.
(f) Issuance of license. The department may license a manufacturer or wholesaler of foods who meets the requirements of this section and §229.183 of this title (relating to Minimum Standards for Licensure).
1. (1) The initial license shall be valid for one year from the date of issuance which becomes the anniversary date.
2. (2) The renewal license shall be valid for one year from the anniversary date.
3. (3) A current license shall only be issued when all past due fees and late fees are paid.
(g) Renewal of license.
1. (1) Each year, the food manufacturer or food wholesaler shall renew its license following the requirements of this section and §229.183 of this title (relating to Minimum Standards for Licensure).
2. (2) A person who holds a license issued by the department under the Health and Safety Code shall renew the license by filing an application for renewal on a form authorized by the department accompanied by the appropriate licensing fee. A licensee must file for renewal before the expiration date of the current license. A person who files a renewal application after the expiration date must pay an additional $100 as a delinquency fee.
3. (3) Failure to submit the renewal annually may subject the food manufacturer or food wholesaler to the offense provisions under the Health and Safety Code, Chapter 431, and also to the provision of §229.184 of this title (relating to the Refusal, Revocation, or Suspension of License).
(h) Amendment of license.
1. (1) Fees. A license that is amended, including a change of name, ownership, or a notification of a change in the location of a licensed place of business required under the Health and Safety Code, §431.2251, will require submission of license fees as outlined in subsection (a) of this section.
2. (2) Change in name, ownership, status, or location of business. Not later than the 31st day before the date of the change in the name, status, or location of a licensed place of business, the license holder shall notify in writing the commissioner or the commissioner's designee of the license holder's intended change. The notice shall include the new name of the business, the address of the new location, or the date the business will close. Not later than the 10th day after the completion of the change of location, the license holder shall forward to the commissioner or the commissioner's designee the name and residence address of the individual in charge of the new place of business. Notice is considered adequate if the license holder provides the intent and verification notices to the commissioner or the commissioner's designee by certified mail, return receipt requested, mailed to the Texas Department of Health, Bureau of Food and Drug Safety, 1100 West 49th Street, Austin, Texas 78756-3182.
(i) This section does not apply to:
1. (1) a person, firm, or corporation that harvests, packages, washes, or ships raw fruits or vegetables;
2. (2) a direct seller who is not otherwise engaged in manufacturing;
3. (3) a person engaged solely in the distribution of alcoholic beverages in sealed containers by holders of licenses or permits issued under the Alcoholic Beverage Code, Chapters 19, 20, 21, 23, 64, or 65; or
4. (4) a food service establishment or a commissary which distributes food primarily intended for immediate consumption on the premises of a retail outlet under common ownership unless the business regularly engages in the labeling, combining, and purifying of food which is either sold for resale or packaged for sale in other than individual portions.

Source Note:The provisions of this §229.182 adopted to be effective February 6, 1984, 8 TexReg 4753; amended to be effective January 31, 1986, 11 TexReg 289; amended to be effective September 8, 1986, TexReg 3796; amended to be effective November 1, 1992, 17 TexReg 6900; amended to be effective July 20, 1993, 18 TexReg 4395; amended to be effective November 22, 1993, 18 TexReg 8214; amended to be effective March 12, 1997, 22 TexReg 2435; amended to be effective August 15, 1999, 24 TexReg 6082.