(a) In this section, “farmers’ market” and “food producer” have the meanings assigned by § 437.020.
(b) This section applies only to a permit issued under this chapter to:
(1) a farmer for the sale of food directly to consumers at a farmers’ market, a farm stand, or the farmer’s farm; and
(2) a food producer, other than a farmer, for the sale of food directly to consumers at a farmers’ market.

Terms Used In Texas Health and Safety Code 437.0065

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) A permit issued under § 437.003, 437.004, 437.0055, or 437.0201 to a person described by Subsection (b):
(1) must be valid for a term of not less than one year;
(2) may impose an annual fee in an amount not to exceed $100 for the issuance or renewal; and
(3) must cover sales at all locations the permit holder is authorized to sell food under Subsection (b), including farmers’ markets, farm stands, and farms within the jurisdiction of the permitting authority.
(d) A farmer or food producer who is charged an annual fee in an amount that exceeds the amount authorized by Subsection (c)(2) or whose permit does not otherwise comply with this section may bring an action against the governmental entity that charged the fee or issued the permit to recover:
(1) the amount the farmer or food producer was charged in excess of the annual fee authorized by Subsection (c)(2); and
(2) reasonable and necessary attorney’s fees incurred in bringing the action.

  Previous section
Next section  
 Chapter 437 Contents