Opening a new food establishment is an exciting venture, but it requires careful planning and adherence to regulations. This guide provides essential information for entrepreneurs navigating the process, particularly when operating under the jurisdiction of the Texas Department of State Health Services (DSHS). Remember to verify local requirements with your city or county office regarding building codes, plumbing, electrical systems, fire safety, and zoning regulations.
Download these FAQs Starting a New Retail Food Establishment under Department of State Health Services Jurisdiction (PDF) Updated 05/27/2021
Permitting Requirements
Unless specifically exempted, any retail food establishment under DSHS jurisdiction must obtain a valid permit before commencing operations. Permit exemptions are detailed in 25 TAC 229.371(6)(B) and 25TAC 229.372(b) and (c). DSHS oversees retail food establishments in areas not regulated by local health agencies. Contact your local government offices to confirm the appropriate permitting and inspection agency. For further assistance, reach out to DSHS at (512) 834-6753.
Three permit types are available:
- Fixed Establishment: For traditional brick-and-mortar restaurants and food businesses.
- Mobile Food Unit (MFU): Including roadside vendors operating from mobile units.
- Temporary Establishment:
- Single event permits, valid for up to 14 consecutive days.
- Multiple event permits, allowing participation in an unlimited number of events over two years.
Crucially, DSHS permit applicants must acknowledge they have read and understood Chapter 437 of the Health & Safety Code, alongside relevant provisions of 25 TAC, Chapter 229 (The Texas Food Establishment Rules)(TFER), and agree to comply with them.
Certified Food Manager (CFM) Certification
Most food service establishments under DSHS jurisdiction are required to employ a Certified Food Manager. Detailed information about CFM certification is available on the Frequently Asked Questions – Certified Food Manager (CFM) Program | Texas DSHS page.
Exemptions to this requirement include:
- Non-profit organizations.
- Child care (day care) facilities.
- Businesses selling exclusively prepackaged foods.
- Businesses that do not prepare or handle exposed potentially hazardous foods.
Food Handler Certification
All food employees, as defined in 25 TAC 228.2 (56), are mandated to obtain food handler certification from an accredited course. This regulation came into effect on September 1, 2016. Employees hired after this date have 60 days from their hire date to obtain certification. Visit the food handler website for information and guidance on accredited courses.
Obtaining a Sales Tax ID Number
A sales tax ID number is mandatory before submitting a permit application. Visit the Online Tax Registration page on the State Comptroller’s Office website or call 1-800-252-5555 for details on obtaining a sales tax ID.
Equipment and Facility Essentials
The following outlines key equipment and facility requirements relevant When Opening A New Food Establishment. It is not exhaustive. Consult the Texas Food Establishment Rules for complete details.
Fixed Establishments:
- Three-Compartment Sink: Required for washing, rinsing, and sanitizing equipment and utensils. Mechanical dishwashers are also permitted.
- Handwash Sink(s): Conveniently located in food preparation areas.
- Employee Restroom(s): Equipped with handwashing facilities.
- Hot and Cold Water: Under pressure at all sinks.
- Service Sink: Or curbed cleaning facility for mops.
- Sewage Disposal System: Properly constructed, maintained, and operated.
- Approved Water Source: Safe and reliable water supply.
- Adequate Heating/Refrigeration: For cooking, reheating, and holding foods at safe temperatures.
- Temperature Measuring Devices: Accurate devices (probe-type thermometers or thermocouples) for checking internal food temperatures.
- Thermometers: Accurate thermometers for each hot/cold holding unit.
Mobile Food Units:
Minimum requirements can be reviewed at 25 TAC 228.221. View the Guidelines for Mobile Food Units- How to Mobilize Your Food Operation (PDF, 2650KB) prior to applying for a permit. Mobile Food Units require a separate permitted and inspected Central Preparation Facility.
For information on requesting a variance from this requirement, review Variance Request Procedures for Mobile Food Units (PDF, 166KB).
To apply for a Variance, submit all requested information to our compliance department.
Also see the Checklist for Roadside Food Vendors (PDF, 45KB).
NOTE: Mobile food unit operators typically prepare or handle unpackaged foods. Roadside vendors are limited to handling pre-packaged foods only.
Temporary Food Establishments:
Minimum requirements can be reviewed at 25 TAC 228.222 and on the Temporary Food Establishment Fact Sheet (PDF, 71KB).
Food Contact Surfaces of Equipment:
Minimum requirements can be reviewed at 25 TAC 228, Subchapter D or the TFER, Section 228, Subchapter D.
Approved Water Source/Water Wells
Water used for food preparation, handwashing, and dishwashing must originate from an approved source, including:
- Community (municipal) water system: Public water systems.
- Non-Community water system: Public water systems serving more than 25 customers daily for 60+ days annually. These wells must be listed and approved by the Texas Commission of Environmental Quality (TCEQ). Contact the TCEQ Public Drinking Water Section at (512) 239-4691 for assistance.
- Non-public (private) water system: Wells serving less than 25 customers daily for less than 60 days per year. The well must be properly constructed, maintained, and operated, with annual bacteriological testing.
Restrictions on Commercial Food Preparation in a Home
The Texas Food Establishment Rules (TFER), Section 228.174(k) prohibits using a private home, living or sleeping quarters, or areas directly connected to these spaces for food establishment operations.
Texas Food Establishment Rules (TFER)
Consult the TFER on the Food Establishment Laws and Rules page for comprehensive information. Contact the Food Establishments Group at (512) 834-6753 for additional guidance when opening a new food establishment.
