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. The remaining mobile food licensing changes go into effect beginning July 1, 2026.
Department of State Health Services MFV Updates
NET Health is updated the District Order for the Retail Food Program and other related processes to remain compliant with these laws and continue providing essential public health services. District Order 2026-1 and the NET Health Resolution 2026-1 were passed May 28, 2026.
During the last Legislative session in 2025, the Texas Legislature passed HB 519, defining and deregulating Honey Production Operations and SB 541 expanding the Cottage Food Industry. These changes were effective September 1, 2025. To remain compliant, the District is amending definitions and exclusions to match the new law. These changes include:
Amended the definition for Part I Section 1, B. 13 Cottage Food Operation
Added the definition for Part I Section 1, B. 14) Cottage Food Vendor
Added the exclusion for Honey Production Operation in Part I Section 1, B. 27) (b) (v)
During the last Legislative session in 2025, the Texas Legislature passed SB 2844, transferring the exclusive permitting authority of all Mobile Food Units to the Texas Department of State Health Services (DSHS) to be effective July 1, 2026. This new law required the District to enter into an Interlocal Cooperation Contract to perform Mobile Food Inspection Services as a Performing Agency on behalf of DSHS. Additionally the District must amend its existing District Order related to Mobile Food Unit trucks to match the new law. These changes include:
Removing all previous language regarding NET Health issuing permits or collecting local permitting fees for Mobile Food Units, since now only the State of Texas will do that.
Remove all District Rules and replacing them with references to new state law and regulations along with the mandatory Statement of Work requirements in the new DSHS Interlocal Cooperation Contract.
Remove references to District Inspections and replace them with explanation of how District will continue to perform the inspections, but as a Performing Agency for DSHS and that all inspections shall strictly adhere to DSHS standards and documented procedures, including safety items, how often required, (annually), Forms and checklists to be used, and with time limits for reports, complaint investigations, and emergency notifications.
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].
