Amend CSHB 894 by striking SECTION 1 of the bill and 
substituting the following:
	SECTION 1.  Chapter 437, Health and Safety Code, is amended 
by adding Section 437.020 to read as follows:
	Sec. 437.020.  PRODUCE SAMPLES AT MUNICIPALLY OWNED FARMERS' 
MARKETS.  (a)  Except as provided by Subsection (b):
		(1)  this chapter does not regulate the provision of 
samples of produce to consumers at a municipally owned farmers' 
market; and
		(2)  a rule adopted under state law may not regulate the 
provision of samples of produce to consumers at a municipally owned 
farmers' market.
	(b)  Produce samples may only be distributed at a municipally 
owned farmers' market if the following sanitary conditions exist:
		(1)  produce samples must be kept in approved, clean, 
and covered containers;
		(2)  produce samples must be distributed in a sanitary 
manner;       
		(3)  clean, disposable plastic gloves must be used when 
cutting produce samples;
		(4)  produce intended for sampling must be washed in 
potable water of any soil or other material so that it is wholesome 
and safe for consumption;
		(5)  potable water must be available for hand washing 
and sanitizing as approved by the local or state enforcement 
agency;
		(6)  potentially hazardous cut produce, as determined 
by rule of the department, must be maintained at or below 41 degrees 
Fahrenheit, and produce samples must be disposed of within two 
hours after cutting;
		(7)  utensil and hand washing water must be disposed of 
in a facility connected to the public sewer system or in a manner 
approved by the local or state enforcement agency; and
		(8)  utensils and cutting surfaces must be smooth, 
nonabsorbent, and easily cleaned or disposed of as approved by the 
local or state enforcement agency.