Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 437.0063: SMALL-SCALE FOOD BUSINESS PERMIT EXEMPTIONS.

(a) In this section:
(1) "Food producer" has the meaning assigned by Section 437.020.
(2) "Small-scale food business" means a legal entity established by a farmer or food producer with less than $1.5 million in annual gross revenue. The term includes a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company.
(b) A county, municipality, or public health district may not require a small-scale food business or an employee of a small-scale food business to obtain a permit or pay a permitting fee to operate a food service establishment, temporary food service establishment, retail food establishment, temporary retail food establishment, or retail food store if the business:
(1) holds a permit issued by the department for that purpose; or
(2) is licensed as a food manufacturer under Subchapter J, Chapter 431.
(c) This section preempts a county's, municipality's, or public health district's authority to regulate a small-scale food business in a manner that conflicts with this section.
Added by Acts 2025, 89th Leg., R.S., Ch. 744 (H.B. 2844), Sec. 1, eff. July 1, 2026.

Where this section sits in the code

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

(a) In this section:

(1) "Food producer" has the meaning assigned by Section 437.020.

(2) "Small-scale food business" means a legal entity established by a farmer or food producer with less than $1.5 million in annual gross revenue. The term includes a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company.

(b) A county, municipality, or public health district may not require a small-scale food business or an employee of a small-scale food business to obtain a permit or pay a permitting fee to operate a food service establishment, temporary food service establishment, retail food establishment, temporary retail food establishment, or retail food store if the business:

(1) holds a permit issued by the department for that purpose; or

(2) is licensed as a food manufacturer under Subchapter J, Chapter 431.

(c) This section preempts a county's, municipality's, or public health district's authority to regulate a small-scale food business in a manner that conflicts with this section.

Added by Acts 2025, 89th Leg., R.S., Ch. 744 (H.B. 2844), Sec. 1, eff. July 1, 2026.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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