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

Tex. Health and Safety Code § 437.0201: REGULATION OF FOOD AT FARMERS' MARKETS UNDER TEMPORARY FOOD ESTABLISHMENT PERMITS.

(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, subject to Section 437.0065.
(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 4, eff. September 1, 2019.
(d) This section does not apply to a farmers' market in a county:
(1) that has a population of less than 50,000; and
(2) over which no local health department has jurisdiction.
(e) The executive commissioner, a state 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 if the demonstration is conducted for a bona fide educational purpose; or
(2) providing samples of food.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 7, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1275 (H.B. 1382), Sec. 3, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 373 (H.B. 1694), Sec. 3, eff. September 1, 2019.

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, "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, subject to Section 437.0065.

(d) This section does not apply to a farmers' market in a county:

(1) that has a population of less than 50,000; and

(2) over which no local health department has jurisdiction.

(e) The executive commissioner, a state 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 if the demonstration is conducted for a bona fide educational purpose; or

(2) providing samples of food.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 7, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1275 (H.B. 1382), Sec. 3, eff. September 1, 2013.

Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 3, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 4, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 373 (H.B. 1694), Sec. 3, eff. September 1, 2019.

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

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