(a) In this section, “farmers’ market” and “food” have the meanings assigned by § 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 § 437.0065.

Terms Used In Texas Health and Safety Code 437.0201

  • 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
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005

(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 4, eff.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.

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