Sec. 437.020. REGULATION OF FOOD SAMPLES AT FARMS AND 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:
(1) this chapter does not regulate the provision of samples of food or the sale of food to consumers at a farm or farmers' market; and
(2) a rule adopted under state law may not regulate the provision of samples of food or the sale of food to consumers at a farm or farmers' market.
(c) Samples of food may be prepared and distributed at a farm or farmers' market if the following sanitary conditions exist:
(1) samples must be distributed in a sanitary manner;
(2) a person preparing produce samples on-site must:
(A) wear clean, disposable plastic gloves when preparing samples; or
(B) observe proper hand washing techniques immediately before preparing samples;
(3) produce intended for sampling must be washed in potable water to remove any soil or other visible material;
(4) potable water must be available for washing;
(5) except as provided by Section 437.0202(b), potentially hazardous food, as determined by rule of the department, must be maintained at or below 41 degrees Fahrenheit or disposed of within two hours after cutting or preparing; and
(6) utensils and cutting surfaces used for cutting samples must be smooth, nonabsorbent, and easily cleaned or disposed of.
(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.
Added by Acts 2005, 79th Leg., Ch. 191 (H.B. 894), Sec. 1, eff. May 27, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1275 (H.B. 1382), Sec. 2, eff. September 1, 2013.
Section: Previous 437.019 437.0191 437.0192 437.0193 437.0194 437.0195 437.0196 437.0197 437.0198 437.0199 437.020 437.0201 437.0202 437.0203 437.021 NextLast modified: September 28, 2016