2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.020. Regulation of Food Samples at Farms and Farmers' Markets

Sec. 437.020.  REGULATION OF FOOD SAMPLES AT FARMS AND FARMERS' MARKETS.  (a)  In this section:
(1)  "Farmers' market" means a designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers.
(2)  "Food" means an agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product for human consumption, in either its natural or processed state, that has been produced or processed or otherwise has had value added to the product in this state. The term includes:
(A)  fish or other aquatic species;
(B)  livestock, a livestock product, or a livestock by-product;
(C)  planting seed;
(D)  poultry, a poultry product, or a poultry by-product;
(E)  wildlife processed for food or by-products;
(F)  a product made from a product described by this subdivision by a farmer or other producer, including a cottage food production operation, who grew or processed the product; or
(G)  produce.
(3)  "Food producer" means a person who grew, raised, processed, prepared, manufactured, or otherwise added value to the food product the person is selling.  The term does not include a person who only packaged or repackaged a food product.
(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.
(b-1)  The department or a local government authority, including a local health department, may not require a person to obtain a permit under this chapter to provide samples of food at a farm or farmers' market under this section.
(b-2)  A local government authority, including a local health department, may not regulate the provision of samples of food at a farm or farmers' market except as provided by this chapter.
(b-3)  The department or a local government authority, including a local health department, may:
(1)  perform an inspection to enforce the requirements of this section for preparing and distributing samples of food at a farm or farmers' market; and
(2)  require a person to obtain a permit under this chapter to offer for sale or distribution to consumers food cooked at a farm or farmers' market.
(c)  Samples of food may be prepared and distributed at a farm or farmers' market if the following sanitary conditions exist:
(1)  samples must be distributed in a sanitary manner;
(2)  a person preparing produce samples on-site must:
(A)  wear clean, disposable plastic gloves when preparing samples; or
(B)  observe proper hand washing techniques immediately before preparing samples;
(3)  produce intended for sampling must be washed in potable water to remove any soil or other visible material;
(4)  potable water must be available for washing;
(5)  except as provided by Section 437.0202(b), potentially hazardous food, as determined by rule of the department, must be maintained at or below 41 degrees Fahrenheit or disposed of within two hours after cutting or preparing; and
(6) utensils and cutting surfaces used for cutting samples must be smooth, nonabsorbent, and easily cleaned or disposed of.
(d)  A person who sells or provides a sample of meat or poultry or food containing meat or poultry must comply with Chapter 433.
(e)  This section does not authorize the sale of or provision of samples of raw milk or raw milk products at a farmers' market.
(f)  A cottage food production operation may only provide samples of food described by Section 437.001(2-b)(A) produced by the operation.
(g)  This section does not apply to a person who:
(1)  provides samples of food at a farm or farmers' market; and
(2)  does not sell food directly to consumers at the farm or farmers' market.
Added by Acts 2005, 79th Leg., Ch. 191 (H.B. 894), Sec. 1, eff. May 27, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1275 (H.B. 1382), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 373 (H.B. 1694), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 373 (H.B. 1694), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 577 (S.B. 617), Sec. 2, eff. June 14, 2021.