| |
| |
| |
|
|
AN ACT
|
|
|
relating to the regulation of certain direct sales of food to |
|
|
consumers and a limitation on the fee amount for certain permits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 437, Health and Safety Code, is amended |
|
|
by adding Section 437.0065 to read as follows: |
|
|
Sec. 437.0065. PERMITS FOR CERTAIN FARMERS AND FOOD |
|
|
PRODUCERS. (a) In this section, "farmers' market" has the meaning |
|
|
assigned by Section 437.020. |
|
|
(b) This section applies only to a permit issued under this |
|
|
chapter to: |
|
|
(1) a farmer for the sale of food directly to consumers |
|
|
at a farmers' market, a farm stand, or the farmer's farm; and |
|
|
(2) an individual who prepares food for sale at a |
|
|
farmers' market. |
|
|
(c) A permit issued under Section 437.003, 437.004, |
|
|
437.0055, or 437.0201 to a person described by Subsection (b): |
|
|
(1) must be valid for a term of not less than one year; |
|
|
(2) may impose an annual fee in an amount not to exceed |
|
|
$100 for the issuance or renewal; and |
|
|
(3) must cover sales at all locations within the |
|
|
jurisdiction of the permitting authority. |
|
|
SECTION 2. Section 437.020(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) Except as provided by this section and Sections |
|
|
437.0065, 437.0201, 437.0202, and 437.0203: |
|
|
(1) this chapter does not regulate the provision of |
|
|
samples of food or the sale of food to consumers at a farm or |
|
|
farmers' market; and |
|
|
(2) a rule adopted under state law may not regulate the |
|
|
provision of samples of food or the sale of food to consumers at a |
|
|
farm or farmers' market. |
|
|
SECTION 3. Section 437.0201(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) The department or a local health department may issue a |
|
|
temporary food establishment permit to a person who sells food at a |
|
|
farmers' market, subject to Section 437.0065 [without limiting the
|
|
|
number of days for which the permit is effective to the number of
|
|
|
days during which the farmers' market takes place]. |
|
|
SECTION 4. Section 437.0201(c), Health and Safety Code, is |
|
|
repealed. |
|
|
SECTION 5. The change in law made by this Act applies only |
|
|
to an original or renewal permit issued on or after the effective |
|
|
date of this Act. A permit issued before the effective date of this |
|
|
Act is covered by the law in effect when the permit was issued, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2019. |
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 932 passed the Senate on |
|
|
April 17, 2019, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 932 passed the House on |
|
|
May 14, 2019, by the following vote: Yeas 140, Nays 1, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |