Beginning on July 1, all mobile food vendors (MFVs) operating in Texas must be licensed through the Texas Department of State Health Services (DSHS).
The legislature passed House Bill 2844 which regulates MFVs in Texas. The DSHS application will become available in early June through Online Licensing Services. After DSHS processes the application, the operator will receive a letter to schedule a pre-licensing inspection.
There are two categories of applicants for the initial licensing and inspection plan. Category One is for people who have an existing mobile food unit or mobile food vendor license from a local health department in Texas, who can keep operating if they provide proof of that license when applying through DSHS, submit the application and pay the fees, and print and keep the application summary and payment receipt on the food vending vehicle at all times.
Category Two is for those who do not have a current license anywhere in the state of Texas and cannot operate until the pre-licensing inspection is completed. DSHS will prioritize the application.
Upon completion of the application and pre-licensing inspection, vendors will be granted a DSHS MFV license that expires one year from the date of the inspection. A separate license is required for each food vending vehicle.
According to their type, each MFV will need to pay for the application fee and pre-licensing inspection fee when applying. The prelicensing inspection fee is a one-time payment at time of initial application. MFV fee requirements vary with the three types of MFV. There may be additional fees for routine inspection and a complaint/ compliance inspection fee.
A Type 1 MFV sells prepackaged food items, including time and temperature control for safety (TSC) foods that must not be reduced oxygen packaged, such as vacuum sealed.
Type II is an MFV that sells prepackaged food that are ROP - such as vacuum sealed and is for immediate consumption, including cold holding, thawing and/or reheating commercially processed products.
Type III is an MFB that prepares, cooks and serves food from a vending vehicle. Processes may include hot holding, cold holding, thawing cooking, cooling, reheating or conducting other activities as allowed by the state Food Code.
Mobilizing food operations under DSHS includes several safety codes and must completely always retain their mobility. Additionally, the FW must be enclosed, be protected from entry from pests, walls and ceiling must be smooth and easily cleanable, screens must be at least 16 mesh to 1 inch and the exterior must be of water-resistant materials.
Texas Health and Safety Code Chapter 437B, Mobile Food Vendors preempts a local authority's power to prohibit or regulate mobile food vendors. MFVs are classified in three tiers based on risk.
According to 25 Texas Administrative Code 226, Mobile Food Vendors, a food vending vehicle is any vehicle that is a self-enclosed food establishment (including catering trucks, trailers, roadside vendors) or pushcart that operates to store, prepare, display, or sell food as a food service establishment and is designed to be readily movable. A food vending vehicle does not mean a stand or a booth.
Each MFV is assigned a license type based on food preparation activities. Wherever they operate, MFVs still need to comply with all state and local laws, such as fire codes, location restrictions and zoning codes. Local authorities cannot prohibit an MFV operating in their jurisdictions if the MFV has a license through DSHS and complies with all state and local laws. DSHS will handle enforcement related to Health and Safety Code 437B.
Non-licensed vendors, complaints, and questions about rules or the Mobile Food Vendor Program should be directed to MobileFoodVendor@dshs.texas.gov.