Bill Text: TX HB3387 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the regulation of food prepared, stored, distributed, or sold at farmers' markets.

Sponsorship: Moderate Partisan Bill (Republican 7-2)

Status: (Engrossed - Dead) 2011-05-19 - Posting rule suspended [HB3387 Detail]

Download: Texas-2011-HB3387-Engrossed.html

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82R11753 SJM-F
By: Rodriguez, Workman, Isaac, Aliseda, H.B. No. 3387
Hughes, et al.

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of food prepared, stored, distributed,
or sold at farmers' markets.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.020, Health and Safety Code, is
amended to read as follows:
Sec. 437.020. REGULATION OF COOKING DEMONSTRATIONS AND FOOD
[PRODUCE] SAMPLES AT [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
raw or custom-shelled food products 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, processed, or otherwise has 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.
(3) "Produce" means fresh fruits or vegetables.
(b) Except as provided by this section and Sections 437.0201
and 437.0202 [Subsection (b)]:
(1) this chapter does not regulate cooking
demonstrations, the provision of samples of food, or the sale of
food [produce] to consumers at a [municipally owned] farmers'
market; and
(2) a rule adopted under state law may not regulate
cooking demonstrations, the provision of samples of food, or the
sale of food [produce] to consumers at a [municipally owned]
farmers' market.
(c) Subject to Subsections (d) and (e), a person may process
food on-site, including:
(1) heating food;
(2) scooping ice into cups;
(3) grilling food;
(4) preparing blended beverages;
(5) cutting food; and
(6) dividing servings for consumption.
(d) Samples of food [(b) Produce samples] may only be
distributed at a [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;
(3) a person preparing produce samples on-site must:
(A) wear clean, disposable plastic gloves [must
be used] when preparing [cutting produce] samples; or
(B) observe proper hand washing techniques
immediately before preparing samples;
(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;
(5) except as provided by Section 437.0202(b),
[potable water must be available for hand washing and sanitizing as
approved by the local or state enforcement agency;
[(6)] potentially hazardous food [cut produce], as
determined by rule of the department, must be maintained at or below
41 degrees Fahrenheit[, and produce samples must be disposed of
within two hours after cutting]; 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
produce must be smooth, nonabsorbent, and easily cleaned or
disposed of [as approved by the local or state enforcement agency].
(e) 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 a valid permit issued under Subchapter D,
Chapter 438; and
(B) complies with the requirements of a temporary
food establishment under this chapter and rules adopted under this
chapter; and
(2) if 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 four hours after the
beginning of the demonstration.
SECTION 2. Chapter 437, Health and Safety Code, is amended
by adding Sections 437.0201 and 437.0202 to read as follows:
Sec. 437.0201. REGULATION OF FOOD SALES AT FARMERS'
MARKETS. (a) In this section, "farmers' market" and "food" have the
meanings assigned by Section 437.020.
(b) The department or a local health department may issue a
temporary food establishment permit to a person who sells food at a
farmers' market held at a single location without limitation on the
number of days for which the permit is effective.
(c) A person to whom a permit is issued under Subsection (b)
may, at the farmers' market for which the permit is issued, engage
in the on-site preparation and sale of food, including:
(1) heating food;
(2) scooping ice into cups;
(3) grilling food;
(4) preparing blended beverages;
(5) cutting food; and
(6) dividing servings for consumption.
(d) A person to whom a permit is issued under Subsection (b)
shall comply with the requirements of a temporary food
establishment under this chapter and rules adopted under this
chapter.
Sec. 437.0202. COMMISSION RULES REGARDING FOOD AT FARMERS'
MARKETS. (a) In this section, "farmers' market" and "food" have the
meanings assigned by Section 437.020.
(b) The executive commissioner by rule shall adopt
temperature requirements for food prepared, sold, or distributed
on-site at a farmers' market under Section 437.020 or 437.0201.
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.
(c) The executive commissioner or a state or local
enforcement agency may not mandate a specific method for complying
with temperature control requirements for food prepared on-site at
a farmers' market or transported to the farmers' market.
(d) 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 3. The executive commissioner of the Health and
Human Services Commission shall adopt the rules required by Section
437.0202(b), Health and Safety Code, as added by this Act, not later
than September 1, 2012.
SECTION 4. This Act takes effect September 1, 2011.