I have another firm actually manufacturing my food product, but my firm’s name and address are on the label. Who needs to license?
Your firm (the own-label distributor or private labeler) is required to license as either a food manufacturer or as a retail food establishment. Please contact the Foods Licensing Group for assistance with your specific situation. The firm actually doing the manufacturing is required to license as a food manufacturer or hold a Grant of Inspection depending on the type of food products produced.
I manufacture my own products and I also wholesale other manufacturer’s items. Do I need two licenses?
No. Manufacturers who also wholesale other products at the same location, only need to license as a manufacturer. However, the licensing fee is based on the gross annual sales of both the manufactured and wholesaled items. A firm that processes or warehouses at more than one location must license each location.
I wholesale food, nonprescription drugs, compressed medical gases and/or medical devices. What type of license do I need?
In order to be eligible for multiple product licenses you must only be wholesaling (distributing) at least two of the following: food, nonprescription drugs, compressed medical gases and\or medical devices. A separate license is needed if you are doing any manufacturing or possess prescription drugs other than compressed medical gases. Please review the multiple products website for further information.
Can my private residence be licensed as a manufacturer/wholesaler?
As long as manufacturing or holding of items for distribution are not conducted in any room used as living or sleeping quarters. All manufacturing and storage must be separated from any living or sleeping quarters by complete partitioning and must meet the minimum standards for licensure.
I assemble gift baskets with other firm’s food products. Do I need to license?
Gift baskets assembled with products that are not manufactured or private labeled by the company doing the gift basket, must be wrapped in see-through wrap so that the labels on the products can be seen. Translucent gift wrap requires labeling which requires licensure as a manufacturer.
Your application asks for a Registered Agent. Who is that?
A Registered Agent is the individual who qualifies under The Texas Statutes, Business Corporation Act.
What is a Taxpayer I.D. #?
The requirement to obtain a Texas sales and use tax permit applies to individuals as well as corporations, firms, partnerships, and all other legal entities. You must obtain a Texas sales and use tax permit if you are engaged in business in Texas and you: sell tangible personal property in Texas; lease tangible personal property in Texas; or sell taxable services in Texas. For more information, please visit the Texas Comptroller of Public Accounts Web site.
Who can sign an application for licensure form?
We must have the signature of a person who can legally bind the firm to the affirmation statement on the first page of the application. Please refer to The Texas Statutes, Business Corporation Act
Can I be licensed if I am delinquent in state taxes and/or owe child support?
No. Once these obligations are resolved, a license may be issued. Please refer to the Family Code in The Texas Statutes
I have moved. I have changed the name of my company. I have changed the legal entity of my company. I have sold my company. Does that affect my license?
Moving, changing the name of your company and\or changing the legal entity of your company requires you to submit an application form and pay a fee before the change occurs. If you sell your firm, you will need to send us written correspondence so that we can remove you from our records. The new owner will be required to obtain a new license, as licenses are non-transferable.
I no longer do anything that requires me to continue to license. Does the Food and Drug Licensing Office need to know that?
Yes. If you know you no longer need to license, notify us in writing as soon as possible. State that you no longer need to license, document the date your business ceased operations requiring a license, sign your written statement, and mail to RLU, Food and Drug Licensing Group MC 2835, The Texas Department of Health, PO Box 149347, Austin, TX 78714-9347. If you receive a renewal application, please check the box on the second page that states “Notice that firm is out of business” or “not required to license/permit”, sign and date the signature box on the first page, and return. Phone contact will not suffice for notification.