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H.B. No. 894
AN ACT
relating to produce samples at municipally owned farmers' markets.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.020 to read as follows:
Sec. 437.020. PRODUCE SAMPLES AT MUNICIPALLY OWNED FARMERS'
MARKETS. (a) Except as provided by Subsection (b):
(1) this chapter does not regulate the provision of
samples of produce to consumers at a municipally owned farmers'
market; and
(2) a rule adopted under state law may not regulate the
provision of samples of produce to consumers at a municipally owned
farmers' market.
(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) clean, disposable plastic gloves must be used when
cutting produce samples;
(4) produce intended for sampling must be washed in
potable water to remove any soil or other material so that it is
wholesome and safe for consumption;
(5) potable water must be available for hand washing
and sanitizing as approved by the local or state enforcement
agency;
(6) potentially hazardous 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;
(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 must be smooth,
nonabsorbent, and easily cleaned or disposed of as approved by the
local or state enforcement agency.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 894 was passed by the House on April
14, 2005, by the following vote: Yeas 141, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 894 was passed by the Senate on May
17, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor