(a) The department shall issue, or cause to be issued, a farmers market food unit permit to a qualified applicant who pays the permit fee and successfully completes a pre-operational inspection to determine compliance with the applicable rules of the department for food service establishments. A pre-operational inspection for a farmers market food unit permit applicant must be conducted at a local health department at a pre-scheduled time and date. When an inspection is complete, compliance is verified, and the permit fee paid, the department shall issue a permit.
Farmers market food unit: means a stationary food service establishment that: (A) Prepares, sells, or services unpackaged time/temperature control for safety food in conjunction with one (1) or more farmers markets. See Tennessee Code 68-14-703
Food service establishment: includes places identified in subdivision (9)(A) regardless of whether there is a charge for the food. See Tennessee Code 68-14-703
Person: means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments. See Tennessee Code 68-14-703
Temporary food service establishment: means a food service establishment that operates at a fixed location in conjunction with an organized temporary event for more than one (1) day and not more than fourteen (14) consecutive days. See Tennessee Code 68-14-703
(b) Subject to the following and subsection (d), this part, and rules promulgated pursuant to this part concerning permitting and regulation of a temporary food service establishment, apply to a farmers market food unit:
(1) A farmers market food unit shall not operate in conjunction with an organized temporary event, unless the permittee obtains a temporary food service establishment permit for the temporary event;(2) Section 68-14-706 applies to a farmers market food unit permit, and there is no limit on the number of days that a farmers market food unit may operate during the period that the permit is valid;(3) Suspension of permits, as described in § 68-14-708(b)(1) and (2), applies to a farmers market food unit;(4) The time period for correction of violations in § 68-14-716(b)(4) does not apply to a farmers market food unit; however, § 68-14-716(b)(1), (3), and (5) do apply to a farmers market food unit; and(5) This chapter, or a rule of the department, does not require the operator of a farmers market food unit to disassemble or remove the equipment used in the operation of the farmers market food unit from the premises of a farmers market at the conclusion of an operational day. This subdivision (b)(5) does not prohibit a farmers market operator from establishing rules for the removal of equipment from the premises of a farmers market.(c) If a person operates more than one (1) farmers market food unit simultaneously, then the person must possess a separate permit for each farmers market food unit.(d) This part does not prohibit a person from applying for, and being issued, a farmers market food unit permit and a temporary food service establishment permit for the same food service establishment; however, if the person operates as a temporary food service at a temporary event, then subsection (b) does not apply and the person shall comply with all requirements of this part, and the rules promulgated pursuant to this part, concerning permitting and regulation of a temporary food service establishment.(e) A physical copy of a farmers market food unit permit must be present in the physical space occupied by the farmers market food unit at all times the farmers market food unit is in operation.(f) A municipal or county legislative body, or local health department, by ordinance or otherwise, shall not impose a regulation or requirement for the permitting and operation of a farmers market food unit that is more stringent than the requirements of this part.
