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A BILL TO BE ENTITLED
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AN ACT
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relating to food service establishment, temporary food service |
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establishment, and retail food store permits for certain |
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small-scale food businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.0063 to read as follows: |
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Sec. 437.0063. SMALL-SCALE FOOD BUSINESS PERMIT |
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EXEMPTIONS. (a) In this section: |
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(1) "Food producer" has the meaning assigned by |
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Section 437.020. |
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(2) "Small-scale food business" means a legal entity |
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established by a farmer or food producer with less than $1.5 million |
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in annual gross revenue. The term includes a sole proprietorship, |
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organization, association, corporation, partnership, joint |
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venture, limited partnership, limited liability partnership, or |
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limited liability company. |
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(b) A county, municipality, or public health district may |
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not require a small-scale food business to obtain a permit or pay a |
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permitting fee to operate a food service establishment, temporary |
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food service establishment, or retail food store at a location for |
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which the business: |
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(1) holds a permit issued by the department for that |
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purpose; or |
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(2) is licensed as a food manufacturer under |
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Subchapter J, Chapter 431. |
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(c) This section preempts a county's, municipality's, or |
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public health district's authority to regulate a small-scale food |
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business in a manner that conflicts with this section. |
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SECTION 2. This Act takes effect September 1, 2025. |