Texas Food Code Requirements for Food Establishments

Texas food code requirements come from the Texas Food Establishment Rules (TFER), which adopt the FDA Food Code as their baseline. Any business that prepares, stores, or sells food in Texas must hold a valid permit, follow TFER’s sanitation and temperature standards, employ a certified food protection manager, train every food handler, and pass unannounced inspections.¹

Who Regulates Your Establishment

The Texas Department of State Health Services (DSHS) regulates food establishments in areas without a local health authority. Cities and counties with their own health departments handle permitting and inspections in their jurisdictions.¹ Local rules can be stricter than the state’s, so confirm with your local health department before you open. Whichever agency has authority over your address, TFER is the floor.

Permits and Fees

You need a permit before you open. DSHS issues permits on a two-year cycle, and fees are based on annual food sales:²

Under $50,000 in annual food sales: $258
$50,000 to $149,999: $515
$150,000 or more: $773

Mobile food units pay a flat $258 per unit for a two-year permit.³ Temporary vendors can choose a single-event permit for $50 (up to 14 consecutive days) or a two-year multiple-event permit for $200.² All fees are nonrefundable.

The application asks for ownership details, menu, food preparation methods, and facility layout. An initial inspection confirms the operation meets structural and operational standards before the permit issues. If inspectors find deficiencies, fix them before the permit will be granted. Renew at the end of each two-year cycle to avoid suspension. Ownership transfers, major menu changes, and significant renovations can trigger a new application or updated review.

Sanitation and Temperature Rules

TFER’s sanitation requirements track the FDA Food Code closely.⁴ Handwashing sinks are required and cannot double as food prep or dishwashing stations. Each one needs warm water, soap, and paper towels or air dryers. Employees wash before starting work, after handling raw ingredients, after using the restroom, and after any activity that could contaminate food.

Cross-contamination gets close inspector attention. Raw meat, poultry, and seafood have to stay physically separated from ready-to-eat foods in storage, preparation, and transport. Color-coded cutting boards and dedicated prep areas are common solutions. Food contact surfaces need regular sanitizing with approved chemicals or high-temperature commercial dishwashing equipment.

Temperature Control

The danger zone runs from 41°F to 135°F, and food should spend as little time in it as possible. Cold foods must be held at 41°F or below and hot foods at 135°F or above. Cook poultry to at least 165°F internal, ground meats to 155°F, and whole cuts of beef or pork to 145°F. Keep calibrated thermometers on hand and use them.

Facility Upkeep

Floors, walls, and ceilings have to stay free of grease, dirt, and pest evidence. Pest control means sealing entry points and, when needed, calling a licensed exterminator. Restrooms need soap and paper towels and must stay sanitary. Waste containers must be leak-proof, covered, and emptied often enough to prevent overflow or odor.

Manager Certification and Food Handler Training

Texas requires two separate credentials: one certified food protection manager per establishment, and basic food handler training for everyone else who touches food.

Certified Food Protection Manager

At least one person per establishment must hold a certified food protection manager credential, earned by passing an accredited exam approved by DSHS or through an ANSI-CFP accredited program.⁵ The exam covers foodborne illness prevention, temperature control, allergen awareness, and sanitation. Certifications through accredited programs are valid for five years. Post the original certificate where customers can see it.

Food Handler Training

Every employee who works with unpackaged food, food equipment, or food contact surfaces must complete an accredited food handler course within 30 days of hire.⁶ The program has to be approved by DSHS or ANSI.⁷ Certificates are valid for two years. Temporary food establishment workers are exempt.

Training covers hygiene, safe storage, and recognizing foodborne illness. Employees showing symptoms of illnesses like norovirus or hepatitis A must be restricted or excluded from food handling until cleared by a medical provider. Keep training records on file for inspectors.

Inspections and Violation Categories

Inspections are usually unannounced and follow TFER guidelines. Higher-risk operations like full-service restaurants get inspected more often than places selling only prepackaged items. Inspectors check storage temperatures, preparation practices, equipment condition, employee hygiene, and general cleanliness.

Violations fall into three categories based on the direct threat to public health:⁸

Priority items are conditions that directly cause or contribute to foodborne illness, such as improper cooking temperatures or pest infestations. Correct these during the inspection whenever possible.
Priority foundation items support the priority items, like missing thermometers or a broken handwashing sink. These get corrected on a set timeline.
Core items are general sanitation and maintenance problems, like chipped floor tiles or cluttered storage. Least urgent, still required.

Inspection reports are public. Many local health departments post them online, and some jurisdictions require establishments to display their most recent score.

Penalties for Noncompliance

When inspectors find violations, they issue a written report with corrective actions and deadlines. Minor issues get a correction window. Priority violations demand same-day fixes, and if a serious hazard can’t be resolved on the spot, the establishment can be temporarily closed until it is.

For operations covered by the Texas Food, Drug, and Cosmetic Act, civil penalties can reach $25,000 per day per violation, with each day of noncompliance counting as a separate offense.⁹ Courts weigh the operator’s violation history, the seriousness of the problem, any public health hazard created, and whether the business made good faith efforts to comply. Repeated or severe violations can lead to permit revocation. Operating without a valid permit is a criminal offense, and knowingly serving contaminated food or ignoring safety orders can bring criminal charges alongside civil lawsuits from anyone who gets sick.

Allergen Disclosure

Packaged foods sold in Texas must meet federal labeling requirements, including ingredient lists, nutritional information, and expiration dates. The Food Allergen Labeling and Consumer Protection Act (FALCPA) requires clear identification of major allergens on every packaged food label.¹⁰ The nine major allergens are milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. Sesame was added under the FASTER Act, with mandatory labeling effective January 1, 2023.¹¹

Restaurants don’t have to print allergen menus, but they must provide accurate allergen information when a customer asks. Allergen awareness is now a tested topic on the Texas food manager certification exam.⁵ A restaurant that causes an allergic reaction through careless cross-contact faces potential liability, which is why many operations maintain designated allergen-free prep areas and train every line cook on allergen requests.

When the Rules Don’t Apply: Cottage Food and Other Exemptions

Texas cottage food law lets home-based producers sell certain foods without a food establishment permit, a health department inspection, or any licensing fee.¹² Local governments cannot require cottage food producers to get permits or pay fees.

Under SB 541, the annual gross income threshold is $150,000, up from the previous $50,000. Most products are allowed except:

Meat and poultry products
Seafood, fish, and shellfish products
Ice products, including ice cream, frozen custard, and shaved ice
Low-acid canned goods
Products containing CBD or THC
Raw milk and raw milk products

Cottage food producers can sell directly to consumers at farmers’ markets, farm stands, retail stores, and online. Online sales require the operator or a household member to personally deliver the product and post all required labeling on the website before accepting payment. Non-perishable cottage foods can be sold at wholesale to registered cottage food vendors, but time/temperature control for safety (TCS) foods cannot be wholesaled.¹²

Labels still apply. Every cottage food product must display the producer’s name and address (or a unique ID number), the product name, any major food allergens present, and a disclosure that the food was produced in a private residence not subject to government inspection. TCS foods carry additional labeling for safe handling and temperature.

Religious and nonprofit organizations hosting occasional food events may qualify for reduced permitting depending on frequency and scale. Farmers’ markets and agricultural producers selling raw, unprocessed items like whole fruits and vegetables often operate under separate rules with more flexibility. None of these exemptions eliminates food safety obligations entirely; if a public health risk emerges, enforcement agencies retain authority to investigate regardless of exempt status.

1
Texas DSHS. General FAQs – Retail Food Establishments
2
Cornell Law School. Texas Administrative Code 25-229.372 – Permitting Fees and Procedures
3
Department of State Health Services. Permitting Information – Retail Food Establishments
4
Houston Health Department. Food Permits
5
Cornell Law School. Texas Administrative Code 25-229.176 – Certification of Food Managers
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Cornell Law School. Texas Administrative Code 25-228.31 – Certified Food Protection Manager and Food Handler Requirements
7
Texas DSHS. Frequently Asked Questions – Food Handler Education or Training Programs
8
Department of State Health Services. Instructions for Marking DSHS Food Establishment Inspection Report
9
State of Texas. Texas Health and Safety Code 431.0585 – Civil Penalty
10
U.S. Food and Drug Administration. Food Allergies
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U.S. Food and Drug Administration. The FASTER Act – Sesame Is the Ninth Major Food Allergen
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Texas Department of State Health Services. Texas Cottage Food Production