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Licensing Requirements - Milk and Dairy

Licensing Rules

If you wish to operate in the State of Texas, you must receive a license from the Department. To be licensed, please submit a new application and fee to the Department. Operating in Texas without a license is a Prohibited Act under Texas law, punishable by a penalty of up to $25,000 per day, per violation, or referral to the Attorney General for injunctive relief to prohibit operating without a license, civil penalties, attorney’s fees and costs.

Select the link below to view Texas Administrative Code (TAC), Chapter 229, §229.281(c)(3) related to Time Periods.

Obtaining Necessary Documents

License applications may be found on the Milk Unit Applications and Forms page.

Application forms, rules and regulations, and any other applicable information, may be mailed to you upon request. See the contact information page on this site for phone number and address information.

You will be asked to provide the following information over the phone:

  • Your Name (or the name of the individual to whom the packet is to be mailed or faxed)
  • Firm Name
  • Mailing Address, including city, state and zip code
  • Physical Location (location requiring licensure)
  • Telephone Number (and, if applicable, Fax Number)
  • Type of activity(ies) or type of application needed

If you wish to pick up an application packet, our office is located at 8407 Wall St, Austin, Texas. When you receive the application packet, familiarize yourself with the rules and regulations and then complete the application in its entirety.

Processing of License Applications

A license cannot be issued from an incomplete application. Incomplete applications will be returned for the required information.

  • Application forms must be signed, either by the owner of a sole-proprietorship, partner of a partnership, president of a corporation, or a corporate designee.
  • Fees are non-refundable.
  • If you need a retail permit, please make certain that there is no local authority that requires you to permit before you contact this office. The Texas Department of State Health Services (DSHS) permits only those retail areas that are not under local jurisdiction.
  • Under the "Purpose of Application" section, you must provide the date you began operating the regulated activity at your business. All fees and late fees must be submitted prior to receiving a current license/permit.

Upon completion of the form, the application must be submitted with the appropriate fee to the address at the top of the application form. The firm must retain a copy of the completed application and payment. Applications will be processed within a 4-6 week time period. Licenses are printed each Wednesday and are mailed by Friday.

If there are deficiencies in your application or fees and the department is unable to complete the licensing process. The department will send you a letter to resolve these deficiencies, but if we have not received your reply with in 135 days. Your application will be considered withdrawn pursuant to the Texas Administrative Code (TAC), Chapter 229, §229.281(c)(3) related to Time Periods:

25TAC §229.281(c)(3) If the applicant fails to submit the requested information and/or fee with in 135 days of the date the department issued the written notice to the applicant as described in paragraph (1) of this subsection, that the application is incomplete and/or additional fees are owed, the application is considered withdrawn. Fees paid are not refundable. There will be no refund of the fee except as provided by subsections (d) and (f) of this section. A new application and fee must be submitted to the department.

One Time Proration of Expiration Date for Food Businesses

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.
The firm must email the Foods Licensing Unit before submitting the initial application. They must include:

  • the type of license they will be applying for,
  • which fee level they will fall under, this is found on page one of the application, and
  • the expiration date of their previously licensed locations

Detention Release

With the exception of detention releases, no further letters of licensure will be issued.

If the application and fee are being submitted to release a detention, a copy of the application and receipt from the cashier's office must be delivered to the appropriate section personnel, located at 8407 Wall St., Austin, Texas, 78754.

Upon review and acceptance of the application and receipt, a "disposition of detention" will be issued to you.

Map and Directions to the Exchange Building

Map and directions to the Exchange Building.
Cash payments must be for the exact amount. No change is available from the cashier.

Last updated March 7, 2021