(a) In this section, “farmers’ market” and “food” have the meanings assigned by § 437.020.
(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 § 437.020, 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.

Terms Used In Texas Health and Safety Code 437.0202

  • 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.
  • 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) Except as provided by Subsection (d), the executive commissioner or a state or local enforcement agency may not mandate a specific method for complying with the temperature control requirements adopted under Subsection (b).
(d) The municipality in which a municipally owned farmers’ market is located may adopt rules specifying the method or methods that must be used to comply with the temperature control requirements adopted under Subsection (b).
(e) 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.

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