Food safety is serious business in Texas. We strive to prevent foodborne illness in the Lone Star State through personal and professional excellence. This endeavor requires the help of all public health regions, state and federal agencies, local and city health departments, private industry, and the public.

Through teamwork and diligent effort, we can accomplish our mission:  

"To protect public health through the efficient operation of a comprehensive retail food protection program focusing on education, training, and oversight, which will ultimately reduce the potential for foodborne illness in Texas." 

Informal Comments

The Mobile Food Vendor rules, as prescribed by HB 2844, are now available for review and comment. Informal opportunities to comment occur before a rule is published in the Texas Register.  DSHS staff may solicit informal public and stakeholder input by:

• inviting stakeholders to submit comments on potential rule changes during rule development.
• sharing a draft rule with stakeholders for review.

To provide informal comments, please click on the following link:

Title 25, Chapter 226, concerning Mobile Food Vendors 

The 89^th Legislature passed three bills that impact food establishments, requiring implementation by DSHS. Updates regarding implementation will be provided by DSHS on this page. Below is an overview of SB 541 and HB 2844.  Overviews of SB 1008 will be posted soon.

HB 2844 - Mobile Food Vendors 

On May 26, 2025, the Texas Legislature passed House Bill 2844 (HB 2844), concerning the regulation of Mobile Food Vendors in Texas. The bill was signed into law by Gov. Abbott on June 10, 2025.  The effective date is July 1, 2026. DSHS and our local partners are charged with implementation of the requirements in such a way as to avoid an interruption of permitting and inspection services.  Our mission of ensuring a safe retail food supply to the citizens of Texas continues despite the difficulties presented by HB 2844.

Section 1 of the bill adds language to HSC 437 regarding small-scale food businesses. The language restricts the ability of local jurisdictions to require retail permits of small-scale food businesses (defined as having a GAV less than $1.5 million) if the business already holds a DSHS retail permit or holds a DSHS Food Manufacturer License. Following are key points regarding these requirements:

Section 2 creates new Texas Health and Safety Code (HSC) Chapter 437B, devoted specifically to the licensing and inspection of “mobile food vendors” (MFV’s) in Texas.  Following are key points:

• HSC 437B.003 preempts local authority to prohibit or regulate MFVs in ways that conflict with HSC 437B.

• HSC 437B.051 requires a MFV to obtain an annual license from DSHS for statewide operation. Local jurisdictions will not longer be able to issue permits under HSC 437 for the operation of mobile food units within their borders.

• HSC 437B.151 prescribes a three-tier classification of MFVs based on based on risk:
  • Type I—prepackaged, non-TCS foods and low risk of harm to the public;
  • Type II—food that requires limited handling and preparation;
  • Type III—complex preparation, cooking, holding, and service.

• HSC 437B.054 and 437B.153 authorize DSHS and contracting local jurisdictions to conduct both pre-licensing and ongoing, randomized inspections to ensure the compliance of MFV operators with applicable regulations—particularly those pertaining to food safety—i.e. 25 TAC 228 (TFER) and the 2017 FDA Food Code.

• HSC 437B.058 authorizes DSHS to charge fees for:
  • license applications;
  • pre-licensing inspections; and
  • routine inspections.

• HSC 437B.153(b) authorizes DSHS to enter into “collaborative agreements” to reimburse local jurisdictions for conducting MFV inspections.  However, HSC 437B.002 clarifies that local jurisdictions are not obligated enter into such “collaborative agreements.”

• HSC 437B, Subchapter E prescribes a structure for escalated enforcement by DSHS/HHSC in conjunction with the State Office of Administrative Hearings (SOAH).

• HSC 437B.060 requires DSHS to establish and maintain a statewide database, accessible also to local jurisdictions, that contains:
  • names of licensed MFV’s;
  • results of inspections;
  • public complaints that resulted in disciplinary or corrective action; and
  • itineraries of MFV’s.

The bill necessitates the following actions:

• DSHS must:
  • adopt rules by May 1, 2026;
  • implement a statewide licensing process for MFV’s to go into effect on July 1, 2025;
  • implement a process for contracts with local jurisdictions and reimbursement for inspections;
  • establish and maintain a statewide database for dissemination of information regarding MFV’s to local jurisdictions; and
  • work with HHS Legal Services and SOAH to establish a smooth and uniform enforcement process.
• Local jurisdictions must:
  • review local ordinances and processes to ensure they do not conflict with HSC 437B;
  • maintain current permitting and inspection procedures until July 1, 2026, including not pro-rating inspections; and
  • decide whether to contract with DSHS to conduct MFV inspections within their respective jurisdictions.

SB 541- Cottage Food Production Operations

SB 541 expands the types of allowable foods; sets conditions for the wholesale of cottage foods; changes labeling requirements; and clarifies the regulation of cottage foods.

NEW: Registration required for the following cottage food operations:

• Instead of providing a physical home address on the label, operators may register at the link below and place their registration number on the label.
• Cottage food production operations (CFPO) that sell time and temperature control for safety (TCS) foods must register at the link below.
• Cottage food vendors who purchase products from CFPOs and sell directly to consumers must register at the link below.

• To register, please click on the following link:

  Texas DSHS Cottage Food Registry

  Cottage Food Registration Guidance Document (PDF)

NOTE:  Registration begins on Sept. 1, 2025.  Please be advised that DSHS offices will be closed for the Labor Day Holiday on Sept. 1 but will re-open for business on Sept. 2, 2025.  Please direct your questions beginning on Sept. 2 to foodestablishments@dshs.texas.gov or 512-834-6753.

Local public health entities (including municipalities, counties, and public health districts) and DSHS impact:

• The CFPO definition has been updated to include nonprofit organizations and increases the annual gross income threshold to $150,000.
• A CFPO may operate from the individual’s home or the home of an individual who is a director or officer of the nonprofit organization.
• Allowable foods now include any foods, except for the following:
  • meat, meat products, poultry, or poultry products;
  • seafood, including seafood products, fish, fish products, shellfish, and shellfish products;
  • ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato;
  • low-acid canned goods;
  • products containing cannabidiol or tetrahydrocannabinol; or
  • raw milk and raw milk products.
• CFPOs that sell TCS foods must register with DSHS.
• CFPOs that sell TCS foods must follow specific labeling requirements, including safe handling instructions and temperature requirements.
• CFPOs may provide samples at any location.
• CFPOs may donate cottage foods unless the foods are TCS.  TCS foods are not eligible for donation. Local public health entities may NOT regulate the production of food at a cottage food production operation; NOR require a cottage operation to:
  • obtain any type of license or permit; OR
  • pay any fee to produce or sell directly to a consumer or cottage food vendor; or to provide samples directly to a consumer.
• A local government authority may not employ or continue to employ someone who knowingly requires or attempts to require a CFPO to apply for a permit.

Cottage Food Vendors:

• A “cottage food vendor” is defined as a person located in Texas who has a contractual relationship with a CFPO and sells directly to consumers in Texas on behalf of the CFPO.
• Cottage food vendors that purchase food from CFPOs at wholesale must register with DSHS.
• A CFPO may wholesale cottage foods to a cottage food vendor, unless the foods are TCS.  TCS foods are not eligible for wholesale.
• A cottage food vendor can sell directly to consumers at a farmers' market, a farm stand, a food service establishment, or any retail store.
• A cottage food vendor must display a sign in a prominent place near the location where the food is offered for sale, with the following disclosure:
  • "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."

Food produced by a CFPO and sold by a cottage food vendor must include the date the food was made on the label.

DSHS implementation activities:

• Registration will allow CFPOs to label cottage foods with a unique identification number provided by DSHS instead of their home address.
• DSHS will adopt rules to include implementation of the new requirements.
• DSHS will maintain the registration of requesting CFPOs; CFPOs that sell TCS Foods, and all cottage food vendors.

Public health entities must comply with the new legislation beginning September 1, 2025.

For details about the new state law, please visit the link below:

Health and Safety Code 437