How to Apply for a Temporary Food Permit

APPLY BY EMAIL (RECOMMENDED)

There are two separate forms required for each Temporary Food permit. This application for a temporary food permit is completed by the applicant and the second form, an owner authorization form, is completed by the property owner/agent/event coordinator. Both forms are available at https://www.houstonhealth.org/services/permits/food-permits/temporary-food-permits.  Both forms are required and must be submitted together.

If your application is for an event in a City of Houston Park or on another City of Houston property, the Parks and Recreation Department (PARD), the Mayor’s Office of Special Events (MOSE) or your event coordinator will provide a PARD or MOSE authorization form to you. Please email your completed application, the owner authorization form and any other required documents (photo id, copy of your Texas Sales and Use Tax Id, Food manager/handler certificate, etc.)  to TempFoodPermit@HoustonTx.Gov as an attached (not embedded) pdf file(s). Please include the start date and facility/booth name in the subject line of your email. Applications or other documents on cloud-based sites will not be accepted. Please submit applications for multiple locations or multiple non-contiguous dates as separate emails.

If your application is approved, an invoice will be emailed to you at the applicant email address provided on the application.

If your application is not approved, it will be returned with a list of required revisions, missing documents or additional details needed. When resubmitting a returned application, please resubmit the entire application including all required documents and the list of required revisions (not just the revisions).

THINGS TO CONSIDER WHEN APPLYING FOR A TEMPORARY FOOD PERMIT

•  A temporary food permit may be issued only if the temporary food service establishment is part of an “event or celebration” as defined in FDA Food Code 1-201.10(B) that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. Your booth/stand/table/truck/trailer absent any additional concurrent activities will not be approved.
   
• Fees paid for temporary food permits are not refundable under any circumstances.
   
• To resubmit an application that was returned to you, email the list of required corrections, your complete revised application, the owner/agent/coordinator authorization form, all required documents and any additional details or explanations requested as an attached PDF file or files to TempFoodPermit@HoustonTx.Gov .
  
   

MAKE A PAYMENT

PAYMENTS MAY BE MADE ONLINE AT WWW.HOUSTONHEALTH.ORG (RECOMMENDED)
When your application is approved, an invoice will be emailed to the applicant email address provided along with instructions for making payment. Online payments are processed immediately and permits will be postal mailed on the business day following payment to the applicant postal mail address provided. Please allow seven days for postal delivery of your permit. Your payment receipt is acceptable as proof of permit for 14 days from the payment date. If your permit is not received on or before the day the permit starts, you may pick up a copy of the permit before 3:00 PM (Monday-Friday, except on holidays) at the Environmental Permits Office (EPO) at 8000 N. Stadium Dr., 77054, First Floor. Only the original permit is valid; therefore, the EPO will not email or fax copies of permits. 
 

PAYMENTS MAY BE MADE BY MAIL TO THE ADDRESS PROVIDED ON THE INVOICE. (NOT RECOMMENDED)
Mailed payments are processed and permits will be postal mailed on the business day received to the applicant postal mail address provided. Please allow seven days for postal delivery of your permit. If your permit is not received on or before the day the permit starts, you must pick up a copy of the permit before 3:00 PM (Monday-Friday, except on holidays) at the Environmental Permits Office (EPO) at 8000 N. Stadium Dr., 77054, First Floor. Only the original permit is valid; therefore, the EPO will not email or fax copies of permits.
 

GUIDELINES FOR FOOD HANDLING AT TEMPORARY EVENTS

A permit is required* for each physically separated booth, stand, tent, table, truck or trailer.
If all operations within a stand, booth, tent, table, truck or trailer are not under the supervision and control of the same person, then a separate permit is required for any portion of the activities within the stand or booth under the control of another person.

*Non-profit entities and booths/stands that offer for sale only commercially packaged food and beverages that do not require refrigeration are exempt from the requirement for a permit. However, the remaining guidelines in this document are applicable. 
 

TAC §228.222
(a) General
    (1) Foods that are not prepared on-site or that require extensive preparation, or cooking must be prepared at a licensedfood establishment. 

    (2) Each temporary establishment may be required by the regulatory authority to have at least one person on-site who has a minimum of an accredited food handler certification.

(b) Food temperatures
 All food temperature requirements shall be met as contained in FDA Food Code, Subparts 3-202, 3-401-403, and 3-501, TAC §228.62 (relating to specifications for receiving), and TAC §228.64 (relating to donation of foods).

(c) Ice 
Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of FDA Food Code, Chapter 3 - Food. The ice shall be obtained only in blocked, chipped, crushed, or cubed form and in single use safe plastic or wet-strength paper bags filled and sealed at the point of manufacture. Ice for consumption shall be held in the bags until it is dispensed and be dispensed in a way that protects it from contamination.

(d) Equipment and utensils 
    (1) Design and construction. Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.    

    (2) Location and installation. Equipment shall be located and installed and cleaned in a way that prevents food contamination and that also facilitates cleaning of the temporary food establishment. 

    (3) Hot and cold holding equipment. Equipment for cooling or heating food and holding cold or hot food shall be adequate in number and capacity to provide food temperatures as specified in FDA Food Code, Subparts 3-401-403 and 3-501. 

    (4) Protection from contamination. Food-contact surfaces of equipment shall be protected from contamination by consumers and other sources. Where necessary to prevent contamination, effective shields for such equipment shall be provided.     

    (5) Alternative manual warewashing. Alternative manual warewashing equipment, such as receptacles that substitute for the compartments of a three compartment sink, may be used when there are special cleaning needs or constraints and  the regulatory authority has approved the use of alternative equipment. Each compartment shall be large enough to immerse the largest piece of equipment that will be used. A means to heat water must also be provided. 

(e) Single-service articles
 A temporary food establishment shall provide only single-service articles for use by the consumer.

(f) Water 
   (1) Water from an approved source shall be made available in a temporary food establishment for food preparation, handwashing, and for cleaning and sanitizing utensils and equipment. 

   (2) Water does not need to be under pressure but shall come from approved sources which include: 
      (A) commercially bottled drinking water; 
      (B) closed portable water containers; 
      (C) enclosed vehicular water tanks; 
      (D) on-premise water storage tanks; or 
      (E) piping, tubing or hoses connected to an approved source.

(g) Wet storage
 Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

(h) Sewage
 All waste water and sewage generated from the temporary food establishment shall be disposed of through an approved sanitary sewage system that is: 
    (1) a public sewage system; or 
    (2) an individual sewage disposal system that is sized, constructed, maintained, and operated according to 30 TAC Chapter 285 (relating to On-Site Sewage Facilities).

(i) Handwashing
 Handwashing facilities shall include a container with a spigot that provides potable, clean, warm water; a wastewater container; soap; disposable towels; and a waste receptacle. Handwashing facilities are not required if the only food items offered are commercially pre-packaged foods that are dispensed in their original containers.

(j) Floors
 If graded to drain, a floor may be concrete, machine-laid asphalt, dirt, or gravel covered with mats, plywood, removable platforms, duckboards if covered with mats, or other suitable materials approved by the regulatory authority, such as tarps, that effectively control dust and mud.

(k) Ceilings and outer openings of food preparation areas 
   (1) Walls and Ceilings. Walls and ceilings shall be made of wood, canvas, or other materials that protect the interior of the establishment from the weather, windblown dust, birds, and debris. 

   (2) Outer openings. The outer openings shall be protected against entry of insects and rodents by: 
         (A) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens; 
         (B) properly designed and installed air curtains; or 
         (C) other effective means. 
   (3) Exclusion provision. Paragraph (2) of this subsection does not apply if flying insects and other pests are absent due to the location of the temporary food establishment or other limiting conditions.

Protect food from contamination at all times:

•  Keep hot foods at 135° F or above and keep cold foods at 41° F or below.
• Wear an effective hair restraint e.g., ball cap or hair net. Hair spray or visors are not acceptable. 
• Wear gloves when handling non-packaged food.
• Provide sneeze guards for open foods at display areas. 
• All food, equipment, and paper products must be stored at least 6 inches above the floor. 
• Eating, drinking, or smoking is prohibited in the booth/stand.
• Provide a barrier such as tables or counters between the employee work area and the customers.
• Pets and other animals are prohibited in the booth/stand.

SERVE ONLY FOODS THAT ARE PREPARED OR OBTAINED FROM APPROVED COMMERCIAL SOURCES. FOOD PREPARED OR STORED AT YOUR RESIDENCE OR OTHER UNLICENSED LOCATION IS PROHIBITED. SOME EXCEPTIONS APPLY.

PREPARATION OF FOODS THAT REQUIRE A HACCP PLAN, A VARIANCE, A CONSUMER ADVISORY OR EXTENSIVE PREPARATION/HANDLING ARE PROHIBITED.

The above is not inclusive of all requirements that may be applicable to your booth/stand. For more detailed information please go to  https://www.houstonhealth.org/services/permits/food-permits and select “City of Houston Code of Ordinances” and go to Chapter 20 Article II Division 1 §20-17 thru §20-26, TAC §228.222, or 2022 FDA Food Code.

TAC §228.222(a). The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food establishment, may prohibit the sale of some or all time and temperature control for safety foods (TCS foods), and when no health hazard will result, such as children's neighborhood beverage stands, may waive or modify requirements of this chapter.