Texas Food Code Fact Sheet: Permits, Training, and Inspections

The Texas Food Code — formally the Texas Food Establishment Rules at 25 TAC Chapter 228 — is the set of rules every restaurant, food truck, grocery store, caterer, and vending operator in the state has to follow. The Texas Department of State Health Services (DSHS) runs the program, though many cities and counties administer their own permitting under the same state standards.¹ If you operate or plan to open a food business in Texas, the sections below walk through what the code actually requires of you: who needs a permit, how to get one, how to train your staff, how to handle food safely, and which federal rules sit on top of the state code.

Who the Code Covers

The code’s definition of a “food establishment” is wide. It reaches any operation that stores, prepares, packages, serves, or vends food directly to consumers, including restaurants, retail food stores, catering operations, vending machine locations, food banks, and feeding spots on conveyances like buses or trains. It applies whether you are mobile, stationary, temporary, or permanent, and whether customers eat on-site or take food to go.²

Some operations sit outside the code. You do not need a food establishment permit for a cottage food production operation, a produce stand selling only whole uncut fruits and vegetables, or a bed and breakfast limited operation. Food processing plants are regulated separately, even when they share a building with a permitted food establishment.²

Getting a Retail Food Establishment Permit

You cannot legally serve food without a permit, issued either by DSHS or by your local health authority if your city or county runs its own program. The statutory authority sits in Texas Health and Safety Code Chapter 437.³

The application asks for your legal business name, any DBA names, your Federal Employer Identification Number, the physical address, the type of operation (food store, food service, or other), and your ownership structure. Forms are available through the DSHS forms page and the Regulatory Services online licensing system.⁴

For state-issued permits, fees are tiered by gross annual food sales:

$0 to $49,999: $258
$50,000 to $149,999: $515
$150,000 or more: $773

If you don’t send your most recent filed tax return with the application, DSHS puts you in the top tier by default. Payment and application go to the DSHS Cash Receipts Branch in Austin.⁵

Counties and public health districts that run their own programs set their own fees. State law caps most county permits at $150 for a flat fee, or $300 if the county uses a variable scale tied to establishment size, employee count, or gross sales.³

DSHS does not publish an official processing timeline. In practice, plan on four to eight weeks between submission and permit issuance, longer if your facility needs a pre-inspection. Build that lead time into your opening date, because you cannot operate without the permit posted.

Food Handler and Food Protection Manager Training

Section 228.31 of the rules sets two training tiers. Every food employee other than the certified food protection manager must complete an accredited food handler course within 60 days of their start date, and the establishment has to keep each certificate on-site for inspectors to see.⁶

At least one certified food protection manager (CFPM) must be present during all operating hours, and the original CFPM certificate has to be posted where customers can see it. CFPM status comes from passing an exam through an accredited program. Low-risk operations handling only prepackaged non-perishable foods, and temporary food establishments, can be exempted from the on-site CFPM requirement, but only if the regulatory authority agrees the risk is minimal.⁶

Temperature Control and Cooking

Time and temperature control is where most inspection violations show up. The rules track the FDA Food Code and center on keeping food out of the danger zone between 41°F and 135°F. Cold food must stay at or below 41°F; hot food at or above 135°F.

Minimum internal cooking temperatures depend on the protein. Poultry has to reach 165°F. Ground beef and pork need 155°F. Whole cuts of beef, pork, lamb, and veal require 145°F with a rest time, as do eggs cooked for immediate service. Temperatures are measured at the thickest part of the food, and thermometer calibration should be part of your routine records.

If food enters the danger zone, the clock starts. Cooling from 135°F to 70°F must happen within two hours, and from 70°F to 41°F within the next four hours, for a six-hour total. Reheating for hot holding has to bring the food back to 165°F within two hours. Inspectors check these numbers constantly, and violations here carry the most weight.

Storage, Facility, and Equipment Rules

Food has to be stored at least six inches above the floor to keep it clear of splashing, pests, and cleaning chemicals, in both refrigerated and dry storage.⁷ You cannot store food under exposed sewer or wastewater lines, and raw proteins have to sit below ready-to-eat foods so nothing drips down. First-in, first-out rotation is the expected practice, and ready-to-eat food held longer than 24 hours needs date-labeling. Anything held in refrigeration beyond seven days from preparation (or from opening, for commercial products) has to be discarded.

Walls, ceilings, and floors in food prep areas, warewashing areas, and restrooms must be smooth, nonabsorbent, and easy to clean. Walk-ins and prep areas should use light-colored wall and ceiling coverings, or the operator has to add lighting to keep surfaces inspectable. Darker coverings are only allowed with regulatory authority approval and enough extra light.²

Light bulbs in areas with exposed food, clean equipment, unwrapped utensils, or single-use items have to be shielded, coated, or shatter-resistant to keep glass out of food if a bulb breaks. The only exception is storage areas where food stays in unopened packages that can be wiped clean of debris. Heat lamps need a shield surrounding the bulb that extends past it, leaving only the face exposed.⁷

At least one handwashing sink has to be available for employees in food prep areas, stocked with soap and towels. For manual dishwashing, you need a three-compartment sink (wash, rinse, sanitize), with each compartment big enough to fully immerse the largest utensil or piece of equipment you use.⁸ Plumbing has to include backflow prevention so contaminants can’t get into the potable water supply.

Allergen Poster and Consumer Advisory

Under 25 TAC §228.33, Texas food establishments must display a food allergen awareness poster where employees can see it. The poster covers the nine major allergens recognized under federal law: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.⁹ DSHS provides a sample poster that includes cross-contact basics like cleaning surfaces and changing gloves between handling allergen-containing foods.

If your menu includes raw or undercooked animal products (rare steaks, sushi, runny eggs), the code requires a consumer advisory. The standard approach is an asterisk on the menu next to each item, with a disclosure: “Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.” Missing this is one of the most common and easiest-to-fix violations.

Inspections and What Happens When You Fail

Permitted establishments get periodic inspections under 25 TAC §228.244 and §228.245. Inspectors have to be Registered Professional Sanitarians (or sanitarians-in-training) in Texas, or meet the FDA Voluntary National Retail Food Regulatory Program Standards for training and field competency.²

Violations are classified by their risk to public health. Priority and priority foundation items (improper cooking temperatures, no handwashing, pest infestations) are the most serious. For temporary food establishments, priority and priority foundation items must be corrected immediately, and other violations within 24 hours. For permanent establishments, the inspector sets correction deadlines based on severity. If you don’t correct, the regulatory authority can issue an Emergency Suspension or Closing Order that shuts down food operations until you’re authorized to reopen.²

You have to give inspectors full access to the premises and your food safety records during operating hours. Refusing access or obstructing an inspection creates separate enforcement problems on top of whatever brought the inspector in.

Federal Rules That Stack on Top

State food rules are only part of the picture. A few federal requirements apply directly to Texas food businesses.

Child Labor in Kitchens

The Fair Labor Standards Act restricts what workers under 18 can do with kitchen equipment. Anyone under 18 cannot operate, clean, set up, or repair power-driven meat processing equipment (slicers, grinders, saws, patty machines) or commercial mixers. Workers aged 14 and 15 face tighter limits still: no broilers, rotisseries, pressure cookers, fryolators, high-speed ovens, or rapid toasters. The one carve-out for younger workers is deep fryers with automatic basket-lowering devices. Fourteen- and 15-year-olds can run dishwashers, toasters, milkshake blenders, warming lamps, and coffee grinders.¹⁰ Violations carry per-incident civil penalties, and one kitchen audit can produce several at once.

Tipped Wages

Texas uses the federal minimum wage, so FLSA tip credit rules apply to every tipped restaurant worker in the state. Employers can pay a cash wage as low as $2.13 per hour and take a tip credit of up to $5.12 against the $7.25 federal minimum. If an employee’s tips plus the $2.13 don’t reach $7.25 in a workweek, the employer owes the difference.¹¹ Tips belong to the employees who earn them; employers, managers, and supervisors cannot keep any portion, even through a tip pool. You also have to notify tipped workers in advance that you intend to take the tip credit, or you owe the full minimum wage. Larger establishments (generally 10 or more tipped employees and at least $250,000 in annual gross receipts) have to file IRS Form 8027 each year to report receipts and allocated tips.¹²

Federal Allergen Labeling

Under FALCPA and the FASTER Act, packaged foods must clearly identify any of the nine major allergens. The rule applies to most packaged foods including dietary supplements, but not to USDA-regulated meat and poultry products, alcoholic beverages, raw agricultural commodities, or highly refined oils. Food sold at retail or food service that is not pre-packaged with a label is exempt from the federal labeling rule, though the Texas allergen poster still applies in your kitchen.⁹

Food Traceability

The FDA’s FSMA traceability rule will eventually require businesses handling foods on the Food Traceability List (leafy greens, certain cheeses, fresh-cut fruits, some seafood) to keep records tied to Key Data Elements and Critical Tracking Events, and to produce them to the FDA within 24 hours of a request. Congress has delayed enforcement until at least July 20, 2028, so you don’t have to comply yet, but setting up the recordkeeping now is worth doing if you handle items on the list.¹³

1
Texas Department of State Health Services. Retail Food Establishments
2
Texas Department of State Health Services. Texas Administrative Code Title 25 Health Services Chapter 228 Retail Food Establishment
3
Justia Law. Texas Health and Safety Code Chapter 437
4
Texas Department of State Health Services. Forms and Publications – Retail Food Establishments
5
Texas Department of State Health Services. Permits for Retail Food Establishment
6
Legal Information Institute. Texas Administrative Code 25-228-31 – Certified Food Protection Manager and Food Handler Requirements
7
Texas Department of State Health Services. Texas Food Establishment Rules 25 TAC 228
8
Legal Information Institute. Texas Administrative Code 25-228-221 – Mobile Food Units
9
FDA. Food Allergies
10
U.S. Department of Labor. Fact Sheet 2A – Child Labor Rules for Employing Youth in Restaurants and Quick-Service Establishments Under the Fair Labor Standards Act
11
U.S. Department of Labor. Tips
12
Internal Revenue Service. About Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips
13
U.S. Food and Drug Administration. FSMA Final Rule on Requirements for Additional Traceability Records for Certain Foods