DSHS Frozen Dessert Manufacturer License (wholesale only — retail soft-serve is exempt): Austin restaurant guide
Texas Department of State Health Services — Milk & Dairy Unit
What it is
Texas licenses frozen-dessert manufacturers under Health & Safety Code Chapter 440, but the law expressly does not apply to a 'frozen desserts retail establishment' — premises including a restaurant where mixes are frozen and dispensed for retail sale. Making soft-serve, gelato or ice cream to serve your own customers is covered by your APH food permit; a state license is needed only if you manufacture frozen desserts for wholesale distribution.
When a restaurant needs it
Only if you make ice cream/frozen desserts for sale to other businesses (wholesale).
How to apply
Mail the In-State Frozen Dessert Manufacturer License application (EF47-10625) with the fee to DSHS Cash Receipts; allow 4–6 weeks.
Documents you’ll need
- Application EF47-10625
- Facility and equipment details
- Pasteurized mix sourcing
Good to know
Soft-serve and ice-cream machines are reviewed in APH plan review like any other equipment (NSF-listed, cleanable, on an approved mix) — no separate City or state frozen-dessert permit for on-site retail.
Official source
DSHS — Frozen Dessert Manufacturer License application (fees) · Health & Safety Code §440.004 — retail exemption
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Last reviewed 2026-10-06. Guidance only, not legal advice.