Bill Text: TX HB1382 | 2013-2014 | 83rd Legislature | Enrolled

---

Bill Title: Relating to the regulation of food prepared, stored, distributed, or sold at farms and farmers' markets; limiting the applicability of a fee.

Spectrum: Slight Partisan Bill (Republican 19-10)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1382 Detail]

Download: Texas-2013-HB1382-Enrolled.html

---

H.B. No. 1382

AN ACT
relating to the regulation of food prepared, stored, distributed,
or sold at farms and farmers' markets; limiting the applicability
of a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.001, Health and Safety Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Produce" means fresh fruits or vegetables.
SECTION 2. Section 437.020, Health and Safety Code, is
amended to read as follows:
Sec. 437.020. REGULATION OF FOOD [PRODUCE] SAMPLES AT FARMS
AND [MUNICIPALLY OWNED] FARMERS' MARKETS. (a) In this section:
(1) "Farmers' market" means a designated location used
primarily for the distribution and sale directly to consumers of
food by farmers or other producers.
(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 who grew or processed
the product; or
(G) produce.
(b) Except as provided by this section and Sections
437.0201, 437.0202, and 437.0203 [Subsection (b)]:
(1) this chapter does not regulate the provision of
samples of food or the sale of food [produce] to consumers at a farm
or [municipally owned] farmers' market; and
(2) a rule adopted under state law may not regulate the
provision of samples of food or the sale of food [produce] to
consumers at a farm or [municipally owned] farmers' market.
(c) Samples of food [(b) Produce samples] may [only] be
prepared and distributed at a farm or [municipally owned] farmers'
market if the following sanitary conditions exist:
(1) [produce samples must be kept in approved, clean,
and covered containers;
[(2) produce] samples must be distributed in a
sanitary manner;
(2) a person preparing produce samples on-site must:
(A) wear [(3)] clean, disposable plastic gloves
[must be used] when preparing [cutting produce] samples; or
(B) observe proper hand washing techniques
immediately before preparing samples;
(3) [(4)] produce intended for sampling must be washed
in potable water to remove any soil or other visible material [so
that it is wholesome and safe for consumption];
(4) [(5)] potable water must be available for [hand]
washing [and sanitizing as approved by the local or state
enforcement agency];
(5) except as provided by Section 437.0202(b), [(6)]
potentially hazardous food [cut produce], as determined by rule of
the department, must be maintained at or below 41 degrees
Fahrenheit or[, and produce samples must be] disposed of within two
hours after cutting or preparing; and
(6) [(7) utensil and hand washing water must be
disposed of in a facility connected to the public sewer system or in
a manner approved by the local or state enforcement agency; and
[(8)] utensils and cutting surfaces used for cutting
samples must be smooth, nonabsorbent, and easily cleaned or
disposed of [as approved by the local or state enforcement agency].
(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.
SECTION 3. Section 437.0201, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) In this section, "farmers' ma
rket" and "food" have the
meanings assigned by Section 437.020 [means a designated location
used primarily for the distribution and sale directly to consumers
of food products by farmers or other producers].
(e) The executive commissioner or a state or local
enforcement agency may not adopt a rule requiring a farmers' market
to pay a permit fee for conducting a cooking demonstration or
providing samples of food if the demonstration or provision of
samples is conducted for a bona fide educational purpose.
SECTION 4. Sections 437.0202(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) In this section, "farmers' market" and "food" have [has]
the meanings [meaning] assigned by Section 437.020 [437.0201].
(b) The executive commissioner by rule may adopt
temperature requirements for food sold at, prepared on-site at, or
transported to or from a farmers' market under Section 437.020,
[or] 437.0201, or 437.0203. Food prepared on-site at a farmers'
market may be sold or distributed at the farmers' market only if the
food is prepared in compliance with the temperature requirements
adopted under this section.
SECTION 5. Chapter 437, Health and Safety Code, is amended
by adding Section 437.0203 to read as follows:
Sec. 437.0203. REGULATION OF COOKING DEMONSTRATIONS AT
FARMERS' MARKETS. (a) In this section, "farmers' market" and "food"
have the meanings assigned by Section 437.020.
(b) Except as provided by this section and Sections 437.020,
437.0201, and 437.0202:
(1) this chapter does not regulate cooking
demonstrations at a farmers' market; and
(2) a rule adopted under state law may not regulate
cooking demonstrations at a farmers' market.
(c) A person may conduct a cooking demonstration at a
farmers' market only if:
(1) regardless of whether the demonstrator provides a
sample of food to consumers, the farmers' market that hosts the
demonstration:
(A) has an establishment operator with a valid
certification under Subchapter D, Chapter 438, supervising the
demonstration; and
(B) complies with Sections 437.020 and 437.0202,
the requirements of a temporary food establishment under this
chapter, and rules adopted under this chapter; and
(2) when the demonstrator provides a sample of food to
consumers:
(A) the demonstrator provides a sample only and
not a full serving; and
(B) samples of food prepared during a
demonstration are disposed of not later than two hours after the
beginning of the demonstration.
SECTION 6. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1382 was passed by the House on May
10, 2013, by the following vote: Yeas 137, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1382 on May 23, 2013, by the following vote: Yeas 142, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1382 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor