Overview
Retail food and food service businesses are vital to Texas’ economy. In fact, grocery stores, restaurants, and mobile food units serve millions of people each day. These businesses must follow clear food safety rules to protect public health. The Texas Department of State Health Services (DSHS) and local health departments work together to manage retail food safety across the state.
Texas began regulating food safety in 1907 with the Texas Pure Food Law. Today, the Texas Food Establishment Rules (TFER) provide the framework for retail and food service operations. These rules align with national standards from the U.S. Food and Drug Administration (FDA).
Why Retail Food Safety Matters
Improper food handling can quickly lead to foodborne illnesses. Strong food safety rules prevent outbreaks and protect at-risk populations, such as children and seniors. These rules also help businesses avoid fines, closures, and legal action, supporting long-term economic stability.
Federal Food Safety Guidance
The FDA offers a model “Food Code” with best practices for food safety. Specifically, it covers areas like temperature control, hygiene, sanitation, and allergen management. Texas uses much of this guidance in its own rules to ensure consistency across jurisdictions.
The Food Safety Modernization Act (FSMA), passed in 2011, focuses on farms and food production. However, some FSMA rules also apply to retail and food service businesses that repackage or handle high-risk foods. These include requirements for product tracking and supplier verification.
Key State Laws for Retail and Food Service
Key Texas laws and regulations that govern retail and food services include:
- Chapter 437 of the Texas Health and Safety Code lays out the rules for regulating food establishments. Basically, it allows counties and cities with health departments as well as the state to issue permits, conduct inspections, and take enforcement actions.
- Chapter 438 of the Texas Health and Safety Code establishes standards for food handler certification, food donation programs, and public health education. Thus, it supports food safety through training and preventive measures across various food service settings.
- The Texas Food Establishment Rules (TFER), found in Title 25, Chapter 228 of the Texas Administrative Code, cover:
- Clean hands and hygiene for workers
- Safe storage and preparation of food
- Cleaning and sanitizing equipment
- Warning customers about allergens
- Permits and inspections for food businesses
All food service operations must comply with these laws and rules. DSHS or local health departments conduct inspections and enforce rules.
Local Oversight
City and county health departments oversee most food establishment permitting and inspections because of the volume of these food businesses in urban areas. They issue permits, perform routine visits, respond to complaints, and take enforcement actions. While local authorities have some flexibility to address community needs, they must still follow state law and rules for statewide consistency.
Recent Legislative Developments
House Bill 2844 (2025) – Statewide Licensing for Mobile Food Vendors
HB 2844 creates a statewide license for mobile food vendors. It allows them to operate across Texas under a single state-issued license. Consequently, the bill limits local restrictions, aiming to reduce regulatory barriers and support small food businesses. Requirements in the bill are effective July 2026. This bill also overrides local governments’ authority to regulate small-scale food producers selling at farmer’s markets if they are licensed with the state as a food establishment or manufacturer.
Senate Bill 541 (2025) – Cottage Food Expansion
SB 541 expands Texas cottage food law to allow limited sale of certain time/temperature control for safety (TCS) foods. These foods include refrigerated baked goods and some heat-treated or perishable items. Producers must meet specific labeling, temperature control, and delivery guidelines. Overall, the law creates more opportunities for people to sell food from home. It also raises public health concerns, since mishandling certain foods that need time and temperature control can increase the risk of foodborne illness.
Senate Bill 1008 (2025) – Uniform Food Permit Fees and Local Preemption
SB 1008 requires local health entities in Texas to publish standardized food establishment permit fees and prohibits them from charging more than the state health department for comparable permits. The bill stops local governments from creating retail food safety rules that go beyond what the state health department requires. Chiefly, the intent is to create statewide standards and reduce regulatory burdens on food businesses operating in multiple jurisdictions.
Senate Bill 577 (2023) – Statewide Food Safety Rules
SB 577 stopped local health departments from creating food safety rules or certifications that go beyond state standards. It also blocked extra local fees for alcohol permits and banned limits on things like packaging or straws. Local governments must send any new food safety rules to the state 60 days before enforcing them, and the state health department must post these rules online so the public can see them.
Senate Bill 812 (2023) – Food Allergy Awareness
SB 812 required food establishments to display allergy awareness posters in employee areas. Starting in 2024, training for food managers and handlers must include allergen identification and response. This law should reduce the risk of accidental allergen exposure.
Emerging Challenges and Considerations
Expansion of Home and Small-Scale Food Businesses
Texas continues to see growth in home-based and small-scale food production. These businesses generally serve niche markets and create new paths for entrepreneurship. While this expansion benefits many communities, it also introduces food safety risks. Newly allowed products require time and temperature controls that can be difficult to maintain in non-commercial kitchens. As a result, uneven safety practices can increase the chance of foodborne illness, which may impact consumer confidence across the industry.
Regulatory Consistency and Local Oversight
Recent policy changes aim to create uniform food safety rules statewide because this helps simplify compliance for businesses operating in multiple areas. However, limiting local powers to adopt stricter or more tailored health rules can reduce responsiveness to regional risks. Larger food establishments already meet strict standards and undergo regular inspections. When new or smaller operators are held to different requirements, it creates potential gaps in safety.
Food Safety in Delivery and Direct-to-Consumer Models
More businesses now offer delivery, online sales, or operate without storefronts. These new ways of selling food meet what customers want. But they also make food safety harder to manage. Each step from preparation to delivery must protect against contamination and temperature problems. Without clear rules and reliable follow-up, these risks may go unnoticed until problems arise. So strong coordination between regulators and industry will be essential to manage safety across this broader food system.
Public Health Capacity and Enforcement Challenges
As the number of food operators increases, state and local agencies face growing demands. Limited staff and funding make it hard to inspect, educate, and support every type of food business equally. Larger establishments follow detailed rules and may be inspected often, while smaller or newer operators may see less or no oversight. For this reason, a risk-based approach that focuses attention where it is most needed will help ensure safety without placing an unfair burden on any part of the industry.
Conclusion
Texas protects public health by enforcing retail food safety rules for businesses and promoting safe food handling in diverse settings. As the food industry changes, the state must keep up with new ways food is made and delivered. It is important to support small and flexible food businesses, but also to make sure all food stays safe. As new laws shift responsibilities and loosen some local controls, their long-term impact will depend on how well the state balances flexibility, fairness, and the need to protect public health.
For information of food safety manufacturing and distribution, see GovExperts‘ analysis, Food Manufacturing Safety in Texas: The Latest.