Bill Text: TX HB1694 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to limitations on food regulations at farms, farmers' markets, and cottage food production operations.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [HB1694 Detail]
Download: Texas-2019-HB1694-Enrolled.html
H.B. No. 1694 |
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relating to limitations on food regulations at farms, farmers' | ||
markets, and cottage food production operations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 437.020(a)(2), Health and Safety Code, | ||
is amended to read as follows: | ||
(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. | ||
SECTION 2. Section 437.020, Health and Safety Code, is | ||
amended by adding Subsections (b-1), (b-2), (b-3), (f), and (g) to | ||
read as follows: | ||
(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. | ||
(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. | ||
SECTION 3. Section 437.0201(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) The executive commissioner, [ |
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enforcement agency, or a local government authority, including a | ||
local health department, may not adopt a rule requiring a farmers' | ||
market to pay a permit fee for: | ||
(1) conducting a cooking demonstration [ |
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conducted for a bona fide educational purpose; or | ||
(2) providing samples of food. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1694 was passed by the House on April | ||
26, 2019, by the following vote: Yeas 134, Nays 5, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1694 was passed by the Senate on May | ||
20, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |