Draft Rules
Farmers' Market Draft Rules Informal Comments
Legislative Updates
Senate Bill
617
SB 617 (87th) amends Texas Health and
Safety Code (HSC) Chapter 437.0065 and 437.020 regarding farmers’ markets. The amendments to 437.0065 affect permitting
at farmers’ markets, while the amendments at 437.020 change definitions.
I. Definitions
The legislation clarifies who may sell products at a
farmers’ market by changing the definition of “farmers’ market” at HSC
437.020(a)(1) and adding a new definition for “food producer” at HSC
437.020(a)(3).
A farmers’ market is now defined at HSC
437.020(a)(1) as “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.”
The new definition of
food producer at HSC 437.020(a)(3) is “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.”
DSHS INTERPRETATION:
DSHS considers the two definitions, when used together, to
be an effective prohibition of a jurisdiction from construing the statute so as
to exclude non-farmers or non-farm-related vendors and products from farmers’
markets within its jurisdiction. The
term “food producer,” as added by the Legislature, is purposely broad so as to
leave room for a diversity of vendors at a farmers’ market. This may include farmers selling produce,
meat, or poultry. It may include a
temporary food establishment. It may
include a booth set up by a permitted or licensed off-site food manufacturer or
food establishment to sell their products to consumers.
NB: “Food producers” who bring into farmers’
markets food that has been prepared elsewhere are subject to all applicable
regulatory requirements, including approved source of the food and appropriate
permitting or licensing of the production facilities.
II. Permitting
The bill amends HSC 437.0065(b)(2) to include “food
producers,” under the new definition, in the same category of permitting
requirements for farmers’ markets as already set for farmers in HSC
437.0065(c). Both farmers and “food
producers” are now eligible for the $100.00 per annum fee for a farmers’ market
permit.
The bill adds language at HSC 437.0065(c)(3) to stipulate
that the $100.00 per annum permit for a farmer or food producer to vend at a
farmers’ market must apply to all farmers’ markets within the jurisdiction.
Finally, the bill adds new HSC 437.0065(d) and (e) to
allow farmers and food producers to file suit against governmental entities
that do not comply with the permitting requirements set forth in HSC
437.0065(b) and (c).
DSHS INTERPRETATION:
DSHS interprets the legislation as intending that “food
producers” be allowed to sell at farmer’s markets and be afforded the same
permitting rights as farmers.
The legislation clearly ties HSC 437.0065 to the new
definitions of “farmers’ market” and “food producer” by stating as much at the
beginning of the section in (a). It goes
on to include “food producer” in (b)(2) as being subject to the requirements
and allowances for permitting at farmers’ markets—namely a permit valid for a
year, with a price not exceeding $100.00, and covering sales at all locations
in the jurisdiction that fall under Subsection (b), i.e. at all farmers’
markets in the jurisdiction.
NB: DSHS
does not interpret the new language in HSC 437.0065 as an allowance for “food
producers” to operate under the farmers’ market permitting rules in venues
outside the scope of 437.0065(b) and that do not meet the definition of a
“farmers’ market” in 437.020. In such
cases, the regulatory authority can follow its usual procedures for permitting.
III. Other Considerations
SB 617 became effective immediately upon passage of the bill. DSHS is engaged in amending the Farmers’
Market rules—25 TAC 229, Subchapter FF—to incorporate the changes put forward
in the legislation.
House Bill 1276
HB 1276 amends
HSC 431.2211 and adds new HSC 437.026 to accomplish the following:
- The bill allows the sale by a permitted Retail
Food Establishment of surplus, unprepared food products and ingredients—e.g.
meat, poultry, produce, etc.—to retail customers.
- The bill requires that all products come from
approved sources. Meat and poultry must
come from sources that have been inspected and that bear the USDA or TX MSA
mark of inspection.
- Packaged products must bear labels that comply
with TFER requirements.
- A retail food establishment is exempt from the
requirement to obtain a Food Manufacturer License (DSHS or Local) for
packaging/repackaging and labeling products that fall under HB 1276.
- N.B.: Activities that fall
outside the scope of HB 1276 will still trigger the requirement for a Food
Manufacturer License from DSHS.
- All products must be of sound condition. TCS products must have been held at 41°F or
below.
- HB 1276 is effective immediately. It will not require amendment of TFER or the
GMPs.
House Bill 2213
HB 2213 amends
HSC 433.006 as follows:
- The bill exempts from inspection “exotic animals
exclusively for donation by a hunter to a nonprofit food bank.”
- Slaughter and preparation may be conducted at
the owner’s premises, the premises where the hunter killed the exotic animal,
or at a processing establishment.
- Transportation is limited to moving the meat to
and from the locations listed above and the nonprofit food bank.
- The uninspected exotic meat must not be combined
with inspected meat or poultry products.
- The bill is effective September 1, 2021