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Permitting Information - Retail Food Establishments

All applications with fees are to be sent to this address:



Department of State Health Services 
Cash Receipts Branch – MC 2003
PO Box 149347
Austin, TX 78714-9347

Retail Food Establishments and Food Stores

A retail food establishment is any place where food is prepared and intended for individual portion service. This includes the site at which individual portions are provided for consumption on or off the premises and regardless of whether there is a charge for the food.

Bed & breakfasts with more than 7 rooms, restaurants, bars, cafes, snack bars, hospitals that serve food to the general public, correctional facilities (jails) that contract with professional food management corporations for food preparation, and privately-owned correctional facilities are all considered to be retail food

Mobile Food Units

Mobile food units are defined as a vehicle-mounted mobile food establishment, designed to be readily moveable.

An initial inspection must be performed after payment and prior to permit issuance.

Roadside Food Vendors

A roadside food vendor is a person who operates a mobile retail food store from a temporary location adjacent to a public roadway or highway. Food shall not be prepared or processed by a roadside food vendor. A roadside food vendor is classified as a mobile food establishment.
(Time/Temperature Control For Safety Foods (potentially hazardous foods) shall not be prepared or processed by roadside food vendors.)

School Food Establishments

A school food establishment is operated on a for-profit basis by a private contractor.

Temporary Retail Food Establishments

A temporary food establishment is a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.

The single event permit is valid for one individual food booth or unit at one specific event, and is valid for 14 consecutive days from the initial effective date. The multiple event permit is valid for one individual food booth or unit at multiple events for 2 years from the initial effective date, provided that each event does not exceed 14 consecutive days.

Application for Inspection

Businesses Not Requiring Permits

  • Day care facilities. Be advised that DSHS does not inspect food service at daycare or live-in child-care facilities.*
  • Establishments that offers only pre-packaged foods that are not potentially hazardous
  • Produce stands that only offers whole, uncut fresh fruits and vegetables
  • Food processing plants
  • A Bed and Breakfast limited facility
  • A private home that receives catered or home-delivered food
  • A kitchen in a private home is not considered a food establishment if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale (if allowed by law)

* As of April 1, 2010, Texas Department of State Health Services is no longer licensing daycare facilities as food establishments. For further information please call 512-834-6727. Be advised that DSHS does not inspect food service at daycare or live-in child-care facilities. 

Exemptions from Permitting

Organizations are exempt from permitting if they are:

  • Licensed by the Texas Department of State Health Services as a food manufacturer AND paying a higher fee; or
  • Inspected and permitted by a City, County or Public Health District; or
  • A non-profit registered as a 501(C) organization

Get in Touch

Mailing Address

Department of State Health Services
Cash Receipts Branch – MC 2003
P.O. Box 149347
Austin , TX 78714-9347
United States