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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of food prepared, stored, distributed, |
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or sold at farmers' markets. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.020, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 437.020. REGULATION OF COOKING DEMONSTRATIONS AND FOOD |
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[PRODUCE] SAMPLES AT [MUNICIPALLY OWNED] FARMERS' MARKETS. (a) In |
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this section: |
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(1) "Farmers' market" means a designated location used |
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primarily for the distribution and sale directly to consumers of |
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raw or custom-shelled food products by farmers or other producers. |
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(2) "Food" means an agricultural, apicultural, |
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horticultural, silvicultural, viticultural, or vegetable product |
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for human consumption, in either its natural or processed state, |
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that has been produced, processed, or otherwise has value added to |
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the product in this state. The term includes: |
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(A) fish or other aquatic species; |
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(B) livestock, a livestock product, or a |
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livestock by-product; |
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(C) planting seed; |
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(D) poultry, a poultry product, or a poultry |
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by-product; |
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(E) wildlife processed for food or by-products; |
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(F) a product made from a product described by |
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this subdivision by a farmer or other producer who grew or processed |
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the product; or |
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(G) produce. |
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(3) "Produce" means fresh fruits or vegetables. |
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(b) Except as provided by this section and Sections 437.0201 |
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and 437.0202 [Subsection (b)]: |
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(1) this chapter does not regulate cooking |
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demonstrations, the provision of samples of food, or the sale of |
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food [produce] to consumers at a [municipally owned] farmers' |
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market; and |
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(2) a rule adopted under state law may not regulate |
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cooking demonstrations, the provision of samples of food, or the |
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sale of food [produce] to consumers at a [municipally owned] |
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farmers' market. |
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(c) Subject to Subsections (d) and (e), a person may process |
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food on-site, including: |
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(1) heating food; |
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(2) scooping ice into cups; |
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(3) grilling food; |
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(4) preparing blended beverages; |
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(5) cutting food; and |
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(6) dividing servings for consumption. |
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(d) Samples of food [(b) Produce samples] may only be |
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distributed at a [municipally owned] farmers' market if the |
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following sanitary conditions exist: |
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(1) [produce] samples must be kept in [approved,] |
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clean[,] and covered containers; |
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(2) [produce] samples must be distributed in a |
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sanitary manner; |
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(3) a person preparing produce samples on-site must: |
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(A) wear clean, disposable plastic gloves [must
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be used] when preparing [cutting produce] samples; or |
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(B) observe proper hand washing techniques |
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immediately before preparing samples; |
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(4) produce intended for sampling must be washed in |
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potable water to remove any soil or other visible material so that |
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it is wholesome and safe for consumption; |
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(5) except as provided by Section 437.0202(b), |
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[potable water must be available for hand washing and sanitizing as
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approved by the local or state enforcement agency;
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[(6)] potentially hazardous food [cut produce], as |
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determined by rule of the department, must be maintained at or below |
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41 degrees Fahrenheit[, and produce samples must be disposed of
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within two hours after cutting]; and |
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(6) [(7) utensil and hand washing water must be
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disposed of in a facility connected to the public sewer system or in
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a manner approved by the local or state enforcement agency; and
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[(8)] utensils and cutting surfaces used for cutting |
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produce must be smooth, nonabsorbent, and easily cleaned or |
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disposed of [as approved by the local or state enforcement agency]. |
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(e) A person may conduct a cooking demonstration at a |
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farmers' market only if: |
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(1) regardless of whether the demonstrator provides a |
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sample of food to consumers, the farmers' market that hosts the |
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demonstration: |
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(A) has a valid permit issued under Subchapter D, |
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Chapter 438; and |
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(B) complies with the requirements of a temporary |
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food establishment under this chapter and rules adopted under this |
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chapter; and |
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(2) if the demonstrator provides a sample of food to |
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consumers: |
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(A) the demonstrator provides a sample only and |
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not a full serving; and |
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(B) samples of food prepared during a |
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demonstration are disposed of not later than four hours after the |
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beginning of the demonstration. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Sections 437.0201 and 437.0202 to read as follows: |
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Sec. 437.0201. REGULATION OF FOOD SALES AT FARMERS' |
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MARKETS. (a) In this section, "farmers' market" and "food" have the |
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meanings assigned by Section 437.020. |
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(b) The department or a local health department may issue a |
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temporary food establishment permit to a person who sells food at a |
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farmers' market held at a single location without limitation on the |
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number of days for which the permit is effective. |
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(c) A person to whom a permit is issued under Subsection (b) |
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may, at the farmers' market for which the permit is issued, engage |
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in the on-site preparation and sale of food, including: |
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(1) heating food; |
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(2) scooping ice into cups; |
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(3) grilling food; |
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(4) preparing blended beverages; |
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(5) cutting food; and |
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(6) dividing servings for consumption. |
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(d) A person to whom a permit is issued under Subsection (b) |
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shall comply with the requirements of a temporary food |
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establishment under this chapter and rules adopted under this |
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chapter. |
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Sec. 437.0202. COMMISSION RULES REGARDING FOOD AT FARMERS' |
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MARKETS. (a) In this section, "farmers' market" and "food" have the |
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meanings assigned by Section 437.020. |
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(b) The executive commissioner by rule shall adopt |
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temperature requirements for food prepared, sold, or distributed |
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on-site at a farmers' market under Section 437.020 or 437.0201. |
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Food prepared on-site at a farmers' market may be sold or |
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distributed at the farmers' market only if the food is prepared in |
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compliance with the temperature requirements adopted under this |
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section. |
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(c) The executive commissioner or a state or local |
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enforcement agency may not mandate a specific method for complying |
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with temperature control requirements for food prepared on-site at |
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a farmers' market or transported to the farmers' market. |
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(d) The executive commissioner or a state or local |
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enforcement agency may not adopt a rule requiring a farmers' market |
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to pay a permit fee for conducting a cooking demonstration or |
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providing samples of food if the demonstration or provision of |
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samples is conducted for a bona fide educational purpose. |
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SECTION 3. The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules required by Section |
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437.0202(b), Health and Safety Code, as added by this Act, not later |
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than September 1, 2012. |
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SECTION 4. This Act takes effect September 1, 2011. |