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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 farms and farmers' markets; limiting the applicability |
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of a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.001, Health and Safety Code, is |
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amended by adding Subdivision (6) to read as follows: |
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(6) "Produce" means fresh fruits or vegetables. |
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SECTION 2. 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 FOOD [PRODUCE] SAMPLES AT FARMS |
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AND [MUNICIPALLY OWNED] FARMERS' MARKETS. (a) In 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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food 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 or processed or otherwise has had value added |
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to 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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(b) Except as provided by this section and Sections |
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437.0201, 437.0202, and 437.0203 [Subsection (b)]: |
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(1) this chapter does not regulate the provision of |
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samples of food or the sale of food [produce] to consumers at a farm |
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or [municipally owned] farmers' market; and |
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(2) a rule adopted under state law may not regulate the |
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provision of samples of food or the sale of food [produce] to |
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consumers at a farm or [municipally owned] farmers' market. |
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(c) Samples of food [(b) Produce samples] may [only] be |
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prepared and distributed at a farm or [municipally owned] farmers' |
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market if the following sanitary conditions exist: |
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(1) [produce samples must be kept in approved, clean,
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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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(2) a person preparing produce samples on-site must: |
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(A) wear [(3)] clean, disposable plastic gloves |
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[must 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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(3) [(4)] produce intended for sampling must be washed |
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in potable water to remove any soil or other visible material [so
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that it is wholesome and safe for consumption]; |
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(4) [(5)] potable water must be available for [hand] |
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washing [and sanitizing as approved by the local or state
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enforcement agency]; |
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(5) except as provided by Section 437.0202(b), [(6)] |
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potentially hazardous food [cut produce], as determined by rule of |
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the department, must be maintained at or below 41 degrees |
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Fahrenheit or[, and produce samples must be] disposed of within two |
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hours after cutting or preparing; 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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samples 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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(d) A person who sells or provides a sample of meat or |
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poultry or food containing meat or poultry must comply with Chapter |
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433. |
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(e) This section does not authorize the sale of or provision |
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of samples of raw milk or raw milk products at a farmers' market. |
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SECTION 3. Section 437.0201, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) In this section, "farmers' ma |
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rket" and "food" have the |
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meanings assigned by Section 437.020 [means a designated location
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used primarily for the distribution and sale directly to consumers
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of food products by farmers or other producers]. |
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(e) 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 4. Sections 437.0202(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) In this section, "farmers' market" and "food" have [has] |
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the meanings [meaning] assigned by Section 437.020 [437.0201]. |
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(b) The executive commissioner by rule may adopt |
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temperature requirements for food sold at, prepared on-site at, or |
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transported to or from a farmers' market under Section 437.020, |
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[or] 437.0201, or 437.0203. Food prepared on-site at a farmers' |
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market may be sold or distributed at the farmers' market only if the |
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food is prepared in compliance with the temperature requirements |
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adopted under this section. |
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SECTION 5. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.0203 to read as follows: |
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Sec. 437.0203. REGULATION OF COOKING DEMONSTRATIONS AT |
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FARMERS' MARKETS. (a) In this section, "farmers' market" and "food" |
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have the meanings assigned by Section 437.020. |
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(b) Except as provided by this section and Sections 437.020, |
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437.0201, and 437.0202: |
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(1) this chapter does not regulate cooking |
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demonstrations at a farmers' market; and |
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(2) a rule adopted under state law may not regulate |
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cooking demonstrations at a farmers' market. |
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(c) 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 an establishment operator with a valid |
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certification under Subchapter D, Chapter 438, supervising the |
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demonstration; and |
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(B) complies with Sections 437.020 and 437.0202, |
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the requirements of a temporary food establishment under this |
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chapter, and rules adopted under this chapter; and |
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(2) when 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 two hours after the |
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beginning of the demonstration. |
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SECTION 6. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1382 was passed by the House on May |
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10, 2013, by the following vote: Yeas 137, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1382 on May 23, 2013, by the following vote: Yeas 142, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1382 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |