New state laws are impacting retail food permitting in Texas. Here’s how NET Health is responding—and what you need to do.
During the 89th Texas Legislative Session, several new laws were passed that directly affect local health departments and the way we permit, inspect, and charge fees for retail food operations. These changes go into effect beginning September 1, 2025.
NET Health is updating our Retail Food Permit Fee Schedule and other related processes to remain compliant with these laws and continue providing essential public health services.
New legislation (including SB 1008, HB 2844, and SB 541) affects the following areas:
These laws restrict the way local health departments operate, including how we can charge fees and conduct re-inspections. NET Health must adjust how we issue permits and recover costs related to staffing, investigations, and public health oversight.
In order to comply with state requirements, we are asking all food permit holders to opt in to email notifications.
This will allow us to contact you quickly if there are future rule changes, fee adjustments, or important updates.
Note: If you do not opt in, you may miss time-sensitive regulatory updates.
NET Health’s updated permit fees will reflect the caps and structure required by SB 1008. Our goal is to:
NET Health Retail Food Permit Fee Schedule
All permit fee changes are pending approval by the Board of Health in August 2025. If approved, they will go into effect in October 2025.
Reference to the enacted Bills TLO
Cottage Food Law – SB 541 – https://youtu.be/h5imgmDOfXU
Mobile Food – HB 2844
Retail Food – SB 1008
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Texas passed new legislation (SB 1008, HB 2844, and SB 541) that limits how local governments can structure food permit fees. To stay in compliance and continue supporting public health services, NET Health must update our fee schedule accordingly.
Most changes will begin September 1, 2025.
The updated fee schedule will go into effect on November 1, 2025, depending on Board approval in August. The state law mandates a 60-day notice period after approval.
These changes affect:
It depends. Some fees may increase slightly to support staffing, while others are now capped or eliminated by law. For example, temporary event permits are now capped at $52 per event, and child care food permits have been eliminated but inspection fees still apply.
You can download or view the full updated fee schedule NET Health Retail Food Permit Fee Schedule
You may miss important changes that affect your business. While we will send out paper notices and use social media, email updates will be the fastest and most reliable way to stay informed.
NET Health is required by law to comply with new state mandates. These changes are being made in response to legislation passed during the 89th Texas Legislative Session and will align with updated rules from Texas DSHS.
Cottage food producers can now sell certain foods (even refrigerated ones) with a Texas DSHS registration—no local permit required. However, we anticipate an increase in investigations of unregulated sales. NET Health will not charge permit fees but may still investigate complaints.
Beginning July 1, 2026, food trucks will no longer be permitted by NET Health. Instead, the Texas DSHS will issue a statewide permit. NET Health will prorate permits to end June 30, 2026. Check back for state guidance updates expected by May 2026.
No. At this time, there are no legislative changes that affect food sales at farmers markets. Existing rules remain in place.
Cottage food vendors may offer samples in accordance with existing food safety regulations. Refer to Texas Administrative Code § 437.01955 for current rules on sampling.
They may also donate non-TCS (non-Time/Temperature Control for Safety) foods, but must still follow safe handling practices. For TCS foods, proper DSHS registration and labeling is required.
Enforcement responsibility is currently unclear and guidance from DSHS is pending. At this time, NET Health may investigate complaints, but enforcement protocols are expected to be clarified by the state in the near future.
Yes. In accordance with SB 1008, a $100 late fee will be applied to any food permit not renewed on time. This aligns with DSHS policy.
Texas DSHS does not inspect or issue food permits for facilities licensed by TX Health & Human Services (TX HHS), including daycare centers.
NET Health will no longer issue food permits for these facilities but will continue to conduct sanitation inspections. Oversight for food-related activities in these locations will now fall under NET Health’s Childcare Order.
Yes. A new state requirement asks that permit holders opt in to receive email notifications about future rule or fee changes. We encourage you to sign up [here/link to opt-in].
