Frequently Asked Questions

The rules do not allow any type of manufacturing or holding of food for distribution in any areas used as living or sleeping quarters unless it is completely partitioned from your home.

You are considered a manufacturer if you: (the following are not all-inclusive)

Produce a food product or a component of a food and either package it for customer self-serve or sell to another business that will serve to customers or resale (i.e. grocery stores, restaurants, convenience stores, etc.)

Have another firm produce your product, but your company's name and address are on the label (see “What is considered a Private Label Manufacturer?” below).

The term "Wholesale" means to sell something to another individual, company, or store (i.e. grocery store, convenience stores, restaurants, etc.), for the purpose of *resale (*serve or sell to customers).

Retail means to sell product directly to the final consumer.

A Private Label Manufacturer is a person that does NOT directly manufacture products. Another firm makes the product, and the product is labeled with the private label manufacturer’s own name and address.

By placing your name and address on the label, you are responsible for the purity and proper labeling of the product. Therefore, you must license as a food manufacturer.

You will need a food wholesaler, warehouse operator or a food wholesale registrant license.  How to License. 

License applications can be downloaded from the Manufactured Foods Operations webpage: Applications and Forms.  Print the application off and send in with the appropriate fee. Additionally, you may be able to apply and pay online using DSHS Online Applications.  Applications without fees will not be processed.

If the information is complete, you can expect your license within 4-6 weeks. If you do not receive your license in 6 weeks, please call Foods Licensing at (512) 834-6626.

Make an educated guess on what you think your approximate GAV will be for the next year. If you underpay, the inspector will document this in the report and you will be required to pay the appropriate fee when you renew the license.

We do not regulate the manufacturing of pet food. You will need to contact the Office of the Texas State Chemists, Texas Feed and Fertilizer Control Service at 979-845-1121. You can visit the Office of the Texas State Chemist website for more information. You can also visit the Federal Food and Drug Administration (FDA) Pet Foods web page for more information.

An individual who manufactures and packages food for sale is required to be licensed as a food manufacturer. A requirement of being licensed as a food manufacturer is that no manufacturing can take place in the home kitchen. Individuals who make products in their home are in violation of the Texas Food, Drug and Cosmetic Act, Texas Health and Safety Code, Chapter431 except for individuals operating under the Cottage Food Bill whose range of operation are restricted to the limited scope of food production processes, sale, and distribution allowed under the Cottage Food Bill. Information about operating under the Cottage Food Bill can be accessed by visiting Cottage Food Production Operations web page.

If your garage is in compliance with all relevant rules and statutes concerning food safety, then you may use your garage. There must be an outside entrance, and you must not be able to enter the garage through the house.

The Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing or Holding Human Food code (25Texas Administrative Code Part 1, Chapter 229, Subchapter N), or GMPs for short, will need to be reviewed to determine compliance with facility requirements. A few requirements are, but are not limited to: (1) at least one hand wash sink with hot (minimum 100^oF) and cold running water, (2)sanitation of food-contact surfaces (generally including at a minimum, an additional 2 bay sink), including utensils and food-contact surfaces of equipment, that shall be cleaned as frequently as necessary to protect against contamination of food*, (3) easily cleanable surfaces that are impervious to moisture including floors, walls, and ceilings, (4) tightly sealed windows, doors, and other entries to prevent the entrance of rodents, pest, vermin, etc., and (5) sufficient lighting and facility suitable in size, construction, and design to facilitate maintenance and sanitary operations.

*Note: firms that manufacture food and sell directly to retail consumers are subject to the Texas Food Establishment Rules.  Please review these Rules as they have more specific requirements concerning ware wash sinks and equipment. 

If you are in an area that does not have a local (city or county) health department and you conduct business operations subject to both the DSHS Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing or Holding Human Food and the DSHS Texas Food Establishment Rules (or GMP’s), the license/permit that results in the higher fee is the appropriate one to obtain. (contact Foods Licensing at 512-834-6626)

If you conduct business operations subject to both the DSHS Good Manufacturing Practice and Good Warehousing Practice in manufacturing, Packing or Holding Human Food and regulations under a local (city or county) health department, you will need to obtain both the local permit/license and the DSHS Food Manufacturer license.

You will need both a Food Manufacturer’s license AND the appropriate license for the storage location. See How to License for guidance on the appropriate secondary license.  There may be a choice on whether to license the second location under either a Warehouse Operator OR a Food Wholesaler license.

In this case, you must obtain a Food Wholesaler license, even if it appears your operation qualifies as a Food Wholesaler Registrant.

Yes, as long as the building/facility meets the requirements of the Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing or Holding Human Food (GMPs) found in Title 25 Texas Administrative Code 229.210-229.222.

Yes, but the private well will require special testing according to 25 TAC229.220(1)(A) & (1)(B).

Please review GMPs 229.210-229.222 (GMP’s). A few requirements are, but not limited to: (1) at least one hand wash sink with hot (minimum 100^oF) and cold running water, (2) sanitation of food-contact surfaces (generally involving an additional 2 bay sink, minimum, for ware-washing), including utensils and food-contact surfaces of equipment, that shall be cleaned as frequently as necessary to protect against contamination of food*, (3) easily cleanable surfaces that are impervious to moisture including floors, walls, and ceilings, (4) tightly sealed windows, doors, and other entries to prevent the entrance of rodents, pest, vermin, etc., and (5) sufficient lighting and facility suitable in size, construction, and design to facilitate maintenance and sanitary operations.

*Note: firms that manufacture food and sell directly to retail consumers are subject to the Texas Food Establishment Rules.  Please review these Rules as they have more specific requirements concerning ware wash sinks and equipment. 

The four main parts to a label are, (1) the common or usual name of the product, (2) the net quantity of content statement, (3) the name and address of the manufacturer (if you are a private label manufacturer, your name and address will be prefaced by "Distributed by:" or "Manufactured for:"), and (4) a list of ingredients in descending order of predominance. Please review the Food Labeling web page for more information on labeling. The labeling can be more involved if you intend to make nutrient content or health claims.

Yes, unless you qualify for an exemption. View the Small Business Nutritional Labeling Exemption for more details.

The production of salsa and canned foods falls under two specific federal regulations CFR 113 and CFR 114. In order to determine whether you must comply with these regulations, we recommend you first contact a Food Process Authority.  Dr. Al Wagner a process authority in Texas - Texas A&M University Extension; 979-845-7023.  There is also a list of Food Process Authorities online that is searchable by state. See the Association of Food and Drug Officials searchable list. A Food Process Authority must determine if you need to have your product evaluated or not.  If the evaluation classifies your product as an "acidified" or "low-acid canned" food, you must:

1) complete form 2541 and submit to the Food and Drug Administration (FDA)
2) attend a Better Process Control School and your Process Authority may have or know of a course that would qualify
3) follow critical limits for the production of the product established by Dr. Wagneror other process authority   
4) maintaining keep production records for at least 2 years 
5) assure a coding system for food production to indicate different lots/batches of foods produced

It would be a good idea to call your city or county health department to discuss this issue. The State of Texas has no control over issuing city/county permits or licenses.

Manufactured Foods Operations will be glad to answer any specific questions with regard to your labels based on our rules and regulations. However, we do not "approve" labels. You may contact us at (512) 834-6670.

Ice is considered food. The definition of a food manufacturer is anyone who combines, purifies, processes, or packages food for sale. Therefore, bagging ice requires you to license as a food manufacturer. A local or county health department license/permit may be a separate requirement and does not substitute for a manufacturer's license from the state.

It depends.  A person, firm, or corporation that only harvests, packages, or washes raw fruits and vegetables for shipment at the location of harvest is not required to license with DSHS.  Operations beyond those listed or those same operations that occur off of the farm that is under the control of the farm of harvest may be subject to licensure by DSHS.

Distributors of ready-to-drink beverages in sealed containers that do not have the firm’s name on them are exempt but still subject to inspection.  This does not include distributors of drink concentrates, drink mixes, or products identified as dietary supplements–they must license.

A restaurant acting as a commissary, providing food primarily intended for immediate consumption on the premises of a retail outlet under common ownership is exempt from licensing with DSHS.

A restaurant providing food for immediate consumption to a political subdivision or to a licensed non-profit organization, if the restaurant would not otherwise be considered a food wholesaler.

A broker that does not own the product or has their name on the product but simply coordinates a supplier with a customer.

Yes, beekeepers that sell raw honey produced from their own bees/hives are “farms” and are exempt from licensing as food manufacturers when engaged in allowable farm activities.  Examples of allowable farm activities include extracting and bottling raw honey whether for retail or wholesale. DSHS adopts the clarification provided by the Food and Drug Administration (FDA) in its Questions and Answers Regarding Food Facility Registration (Seventh Edition): Guidance for Industry in Question B.1.19.  

No, pasteurizing raw honey is a manufacturing activity that requires a license as a food manufacturer.  DSHS adopts the clarification provided by the Food and Drug Administration (FDA) in its Questions and Answers Regarding Food Facility Registration (Seventh Edition): Guidance for Industry in Question C.4.3.

Yes, while beekeepers harvesting raw honey will not be required to license with DSHS as long as they are only engaged in allowable farm activities, harvesting operations that conduct filtering, packaging, and labeling of honey are still subject to the adulteration and misbranding provisions of Texas Health and Safety Code 431.  Texas Agriculture Code, Title 6, Chapter 131, Bees and Honey, Subchapter E, Labeling and Sale of Honey gives DSHS regulatory authority over the labeling of honey.  DSHS will investigate complaints of adulterated honey and mislabeled honey and take appropriate compliance action.

Yes, as long as some of the raw honey is from the beekeeper’s own bees/hives, a beekeeper can blend other raw honey with the beekeeper’s honey.  If you blend honey no longer considered raw, like pasteurized honey, blending is no longer an exempt farm activity and a food manufacturer license is required.  

Yes, a beekeeper drying raw honey from their bees/hives is an allowable farm activity as long as there is no additional manufacturing/processing (other than packaging and labeling). Packaging and labeling raw agricultural commodities are allowable farm activities. 

 

Yes, whipping air into raw honey is a manufacturing activity that requires a food manufacturer's license.