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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on food regulations at farms, farmers' |
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markets, and cottage food production operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.020(a)(2), Health and Safety Code, |
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is amended to read as follows: |
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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, including a cottage |
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food production operation, who grew or processed the product; or |
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(G) produce. |
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SECTION 2. Section 437.020, Health and Safety Code, is |
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amended by adding Subsections (b-1), (b-2), (b-3), (f), and (g) to |
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read as follows: |
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(b-1) The department or a local government authority, |
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including a local health department, may not require a person to |
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obtain a permit under this chapter to provide samples of food at a |
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farm or farmers' market under this section. |
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(b-2) A local government authority, including a local |
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health department, may not regulate the provision of samples of |
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food at a farm or farmers' market except as provided by this |
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chapter. |
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(b-3) The department or a local government authority, |
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including a local health department, may: |
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(1) perform an inspection to enforce the requirements |
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of this section for preparing and distributing samples of food at a |
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farm or farmers' market; and |
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(2) require a person to obtain a permit under this |
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chapter to offer for sale or distribution to consumers food cooked |
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at a farm or farmers' market. |
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(f) A cottage food production operation may only provide |
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samples of food described by Section 437.001(2-b)(A) produced by |
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the operation. |
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(g) This section does not apply to a person who: |
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(1) provides samples of food at a farm or farmers' |
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market; and |
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(2) does not sell food directly to consumers at the |
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farm or farmers' market. |
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SECTION 3. Section 437.0201(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) The executive commissioner, [or] a state [or local] |
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enforcement agency, or a local government authority, including a |
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local health department, may not adopt a rule requiring a farmers' |
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market to pay a permit fee for: |
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(1) conducting a cooking demonstration [or providing
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samples of food] if the demonstration [or provision of samples] is |
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conducted for a bona fide educational purpose; or |
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(2) providing samples of food. |
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SECTION 4. This Act takes effect September 1, 2019. |
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