H.B. No. 1382
 
 
 
 
AN ACT
  relating to the regulation of food prepared, stored, distributed,
  or sold at farms and farmers' markets; limiting the applicability
  of a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 437.001, Health and Safety Code, is
  amended by adding Subdivision (6) to read as follows:
               (6)  "Produce" means fresh fruits or vegetables.
         SECTION 2.  Section 437.020, Health and Safety Code, is
  amended to read as follows:
         Sec. 437.020.  REGULATION OF FOOD [PRODUCE] SAMPLES AT FARMS
  AND [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
  food 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 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 who grew or processed
  the product; or
                     (G)  produce.
         (b)  Except as provided by this section and Sections
  437.0201, 437.0202, and 437.0203 [Subsection (b)]:
               (1)  this chapter does not regulate the provision of
  samples of food or the sale of food [produce] to consumers at a farm
  or [municipally owned] farmers' market; and
               (2)  a rule adopted under state law may not regulate the
  provision of samples of food or the sale of food [produce] to
  consumers at a farm or [municipally owned] farmers' market.
         (c)  Samples of food [(b) Produce samples] may [only] be
  prepared and distributed at a farm or [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;
               (2)  a person preparing produce samples on-site must:
                     (A)  wear [(3)] clean, disposable plastic gloves
  [must be used] when preparing [cutting produce] samples; or
                     (B)  observe proper hand washing techniques
  immediately before preparing samples;
               (3) [(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];
               (4) [(5)]  potable water must be available for [hand]
  washing [and sanitizing as approved by the local or state
  enforcement agency];
               (5)  except as provided by Section 437.0202(b), [(6)]
  potentially hazardous food [cut produce], as determined by rule of
  the department, must be maintained at or below 41 degrees
  Fahrenheit or[, and produce samples must be] disposed of within two
  hours after cutting or preparing; 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
  samples must be smooth, nonabsorbent, and easily cleaned or
  disposed of [as approved by the local or state enforcement agency].
         (d)  A person who sells or provides a sample of meat or
  poultry or food containing meat or poultry must comply with Chapter
  433.
         (e)  This section does not authorize the sale of or provision
  of samples of raw milk or raw milk products at a farmers' market.
         SECTION 3.  Section 437.0201, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (e) to
  read as follows:
         (a)  In this section, "farmers' ma
  rket" and "food" have the
  meanings assigned by Section 437.020 [means a designated location
  used primarily for the distribution and sale directly to consumers
  of food products by farmers or other producers].
         (e)  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 4.  Sections 437.0202(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  In this section, "farmers' market" and "food" have [has]
  the meanings [meaning] assigned by Section 437.020 [437.0201].
         (b)  The executive commissioner by rule may adopt
  temperature requirements for food sold at, prepared on-site at, or
  transported to or from a farmers' market under Section 437.020,
  [or] 437.0201, or 437.0203.  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.
         SECTION 5.  Chapter 437, Health and Safety Code, is amended
  by adding Section 437.0203 to read as follows:
         Sec. 437.0203.  REGULATION OF COOKING DEMONSTRATIONS AT
  FARMERS' MARKETS. (a) In this section, "farmers' market" and "food"
  have the meanings assigned by Section 437.020.
         (b)  Except as provided by this section and Sections 437.020,
  437.0201, and 437.0202:
               (1)  this chapter does not regulate cooking
  demonstrations at a farmers' market; and
               (2)  a rule adopted under state law may not regulate
  cooking demonstrations at a farmers' market.
         (c)  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 an establishment operator with a valid
  certification under Subchapter D, Chapter 438, supervising the
  demonstration; and
                     (B)  complies with Sections 437.020 and 437.0202,
  the requirements of a temporary food establishment under this
  chapter, and rules adopted under this chapter; and
               (2)  when 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 two hours after the
  beginning of the demonstration.
         SECTION 6.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1382 was passed by the House on May
  10, 2013, by the following vote:  Yeas 137, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1382 on May 23, 2013, by the following vote:  Yeas 142, Nays 2,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1382 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor