1. (a) Permitting fees.

   1. (1) A person who operates a food service establishment, mobile food unit, day care center, bed and breakfast establishment, school food service facility, retail food store, or a mobile retail food store shall obtain a permit annually from the Texas Department of Health (department) and pay a permit fee for each establishment unless specifically exempted under subsection (b) of this section. An organizer of an event at which a temporary food service establishment is operated shall obtain a permit from the department for each temporary food service establishment. The temporary permit application must be submitted to the department ten days prior to the event. Mobile food units are subject to inspection for compliance with applicable rules prior to the issuance of a permit.

   2. (2) The permit fee for a food service establishment, retail food store, or bed and breakfast establishment shall be based on the gross annual volume of food sales as follows:

      1. (A) $75 per establishment having a gross annual volume of $0 to $49,999.99;
      2. (B) $150 per establishment having a gross annual volume of $50,000 to $149,999.99; and
      3. (C) $250 per establishment having a gross annual volume of $150,000 or more.
   3. (3) The permit fee for a school food service facility, day care center, mobile food unit, or roadside food vendor shall be $75 annually for each location.
   4. (4) The permit fee for a temporary food service establishment is $25. The permit shall be valid for the duration of a single event not to exceed 14 consecutive days from the initial effective date specified in the permit application.
   5. (5) An establishment required to be licensed as a food manufacturer under the Health and Safety Code, Chapter 431, and also required to be permitted under this chapter, will be issued only one license or permit. The license or permit fee to be paid will be the higher fee of the two applicable fees.
   6. (6) Gross annual volume of food sales may be verified by data from the state Comptroller of Public Accounts.

   7. (7) Food manager certification credit shall meet the following criteria.

      1. (A) With the exception of temporary food service establishments, the permit fee may be reduced by 10% for each establishment under the full-time supervision of an on-site manager who has successfully completed a food manager's certification course accredited by the department. A list of accredited courses may be obtained from the Texas Department of Health, Division of Food and Drugs, 1100 West 49th Street, Austin, Texas 78756-3182.
      2. (B) A photocopy of the food manager's certificate of completion must be submitted with the permit application or renewal. Manager certification will be verified through department records.
2. (b) Exemptions from permit and fees. Establishments permitted and inspected by a county or public health district under the Health and Safety Code, Chapter 437, provided the inspections are based on the requirements of §229.373 of this title (relating to Minimum Standards of Permitting and Operation) are exempted from obtaining a permit and from paying a fee.
3. (c) Nonprofit fee exemption. Nonprofit organizations shall comply with the requirements of §229.373 of this title. The department shall provide guidelines for the safe handling of foods prepared by nonprofit organizations. Nonprofit organizations are exempt from the permit and fee as described in §229.371 of this title (relating to Definitions). Any civic or fraternal organization, charity, lodge, association, proprietorship, corporation, or church not meeting the definition of "nonprofit organization" must obtain a permit, pay the required fee, and comply with the requirements.

4. (d) Application for permit. The permit application shall be signed and verified, be made on a form furnished by the department, and contain the following information:

   1. (1) the name under which the business is operated;
   2. (2) the mailing address and street address of each place of business;
   3. (3) if a sole proprietorship, the name of the proprietor; if a partnership, the names of all partners; if a corporation, the date and place of incorporation and the 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; and
   4. (4) 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.
5. (e) Nonprofit organizations. A nonprofit organization shall submit documentation from the Internal Revenue Service to qualify the establishment for the exemption from the permit fee. Churches need only supply documentation upon request by the department.
6. (f) Temporary food service establishments. A permit application for a temporary food service establishment shall specify the name and physical location of the event for which the permit is requested, the initial effective date of the permit, and the foods to be prepared.
7. (g) Two or more establishments. If a person owns or operates two or more establishments, each establishment shall be permitted separately by listing the name and address of each establishment on separate application forms.
8. (h) Pre-permit inspection. The applicant shall cooperate with any pre-permit inspection which may be conducted by the department.

9. (i) Issuance of a permit. The department may issue a permit for an establishment based on compliance specified in §§229.161-229.173 of this title (relating to Food Service Sanitation); or §§229.231-229.239 of this title (relating to Retail Food Store Sanitation). Copies may be obtained from the Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3182.

   1. (1) The permit shall be valid for one year from the date of issue, which becomes the anniversary date, with the exception of temporary permits.
   2. (2) The renewal permit shall be valid for one year from the anniversary date, with the exception of temporary permits as stated under paragraph (1) of this subsection.
   3. (3) Permit application forms may be obtained from the Texas Department of Health, Division of Food and Drugs, 1100 West 49th Street, Austin, Texas 78756-3182.
   4. (4) The permit shall be posted conspicuously in the establishment.
   5. (5) Permits for mobile food units, including pushcarts and roadside food vendors shall be displayed on the unit at all times.

10. (j) Renewal of a permit.

    1. (1) Each year the permit holder shall renew their permit based on compliance specified in §§229.161-229.173 of this title, or §§229.231-229.239 of this title. Copies may be obtained from the Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3182.
    2. (2) A person holding a permit issued by the department, and whose operation is in compliance with paragraph (1) of this subsection, shall be billed by the department and shall have their permit renewed by the department upon payment of the appropriate fee.
    3. (3) The holder of the permit must submit the annual permit fee for renewal prior to the expiration date of the current permit. A person who files a renewal application after the expiration date must pay an additional $75 as a delinquency fee.
    4. (4) Failure to submit the renewal fee annually may subject the permit holder to the offense provisions under the Health and Safety Code, Chapter 437, and also to the provisions of §229.374 of this title (relating to Refusal, Revocation, or Suspension of a Permit; Administrative Penalties).

11. (k) Amendment of permit.

    1. (1) Fee. A permit that is amended, including a change of name, ownership, or a notification of a change in location of a permitted place of business required under Health and Safety Code, §437.0125, will require submission of fees as outlined in subsection (a) of this section.
    2. (2) Change of location. A permit is not transferable upon change of location with the exception of a permit issued to an operator of a mobile food unit or roadside food vendor.

Source Note:The provisions of this §229.372 adopted to be effective May 20, 1994, 19 TexReg 3488.