Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter L - LICENSURE OF FOOD MANUFACTURERS, FOOD WHOLESALERS, AND WAREHOUSE OPERATORS › Section 229.182 - Licensing/Registration Fee and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  License/registration required.
(1) A person
				  who manufactures food must obtain a food manufacturer's license for each place
				  of business as described in subsection (b)(1) or (2) of this section; also, a
				  food manufacturer who distributes its own food, and/or food from another
				  manufacturer must only obtain a food manufacturer's license. 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.
(2) A person who distributes food, but who
				  does not manufacture food, must obtain a food wholesaler's license for each
				  place of business as described in subsection (b)(3) or (4) of this
				  section.
(3) A person who
				  distributes food, but who does not manufacture food, and who chooses to store
				  that food with a warehouse operator licensed under subsection (b)(8) or (9) of
				  this section, must register as a food wholesaler under subsection (b)(7) of
				  this section.
(4) A person who
				  distributes food and drugs, food and medical devices, or food and drugs and
				  medical devices, must obtain a wholesaler with combination products license, as
				  described in subsection (b)(5) or (6) of this section, for each place of
				  business; this license is required even if the products are stored in a
				  separate warehouse or with a warehouse operator licensed under subsection
				  (b)(8) or (9) of this section.
(5)
				  A warehouse operator storing food for a registered food wholesaler must obtain
				  a warehouse operator license as described in subsection (b)(8) or (9) of this
				  section for each such warehouse. A warehouse operator who distributes only food
				  is required to obtain only a warehouse operator license. A warehouse operator
				  who distributes combination products (food and drugs, food and medical devices,
				  or food, drugs, and medical devices) and is also required to obtain a
				  wholesaler's license under subsection (b)(5) or (6) of this section will be
				  issued only one license. The license fee to be paid will be the higher of the
				  two applicable fees.
(6) A
				  warehouse operated by a food manufacturer which is totally separate from any
				  manufacturing location, including locations from which foods are held for
				  limited periods of time for distribution, must obtain a warehouse operator
				  license as described in subsection (b)(8) or (9) of this section for each such
				  warehouse.
(7) A retail food store
				  that also manufactures food and is required to be permitted by the Department
				  of State Health Services (department) pursuant to Health and Safety Code,
				  Chapter 437, and the Texas Food Establishment Regulations, §
											229.370 and
				  §
											229.371 of
				  this title (relating to Permitting Retail Food Establishments), will be issued
				  only one license or permit. The license or permit fee to be paid will be the
				  higher of the two applicable fees.
(8) A wholesaler who distributes combination
				  products and who is also required to be licensed as a warehouse operator under
				  this section will be issued only one license. The license fee to be paid will
				  be the higher of the two applicable fees.
(9) A food manufacturer required to be
				  licensed exclusively pursuant to Health and Safety Code, Chapter 432, relating
				  to Food, Drug, Device and Cosmetic Salvage, Chapter 433, relating to Meat and
				  Poultry Inspection, Chapter 435, relating to Dairy Products, Chapter 436,
				  relating to Aquatic Life, or Chapter 440, relating to Frozen Desserts, is not
				  required to license pursuant to this chapter.