(a) 
All regulation of a farmers market or farmers market vendor provided within this section is in addition to those regulations provided elsewhere in this article and is in addition to the requirements set out in article 6.03 temporary special events, as applicable.
(b) 
It shall be unlawful for any person to operate as a farmers market vendor within the city limits without first having obtained a class A, B, or C permit as required by this section and a temporary special event permit from the city, if applicable.
(c) 
A class A permit allows a farmers market vendor to offer only prepackaged foods, beverages that are dispensed from covered urns or other protected vessels available for customer self-service, and packaged frozen food. The preparation, assembly, reheating, or cooking of foods is not allowed under this permit.
(d) 
A class B permit allows a farmers market vendor to offer baked goods, bulk food items, beverages that are dispensed from covered urns or other protected vessels available for employee service (including ice service), and sampling. All food operations under a class A permit are allowed under a class B permit.
(e) 
A class C permit allows the on-site preparation of foods and open foods and includes but is not limited to the sampling of foods. Farmers market vendors may cook, prepare, and assemble a full menu of food items. All food operations under class A and B permits are allowed under a class C permit.
(f) 
Every person, before opening, maintaining, or operating as a farmers market or farmers market vendor, shall file an application for and obtain one of the permits described in subsection (b) of this section.
(g) 
Farmers market vendors operating at multiple farmers markets simultaneously shall obtain a site-specific permit for each location.
(h) 
An applicant for a farmers market vendors permit must file the application with the health authority. The application must include:
(1) 
The name and address of the applicant and the applicant's identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant;
(2) 
The class of permit the applicant will operate under;
(3) 
The signature of each applicant;
(4) 
A notarized statement from the owner of a central preparation facility stating the farmer's market vendor uses the facility as its base of operation or proof that the applicant has its own central preparation facility;
(5) 
Name and address of the certified farmers market where the vendor will operate; and
(6) 
Other information reasonably required by the health authority.
(i) 
Upon receiving the application with the fee set forth by the city for a farmers market vendor permit under this section, the health authority may approve the application for a farmers market vendor. A farmers market vendor permit is effective for one year from the date of issuance.
(j) 
An applicant for a certified farmers market permit shall submit the application to the health authority not later than the 10th day before the effective date for which the permit is sought.
(k) 
An application for renewal of a farmers market vendor permit must be received by the department, accompanied by the applicable fee, at least 10 days before the expiration date of the previous permit. All information provided in a renewal application must be current and valid.
(l) 
A person operating under a farmers market vendor permit shall promptly display the permit where it is readily visible or as designated by the health authority.
(m) 
In the event the health authority determines that the vendor booth of the applicant does not comply with the provisions of this section or other city ordinances, the health authority shall disapprove such application for issuance or renewal of a farmers market vendor permit.
(n) 
An applicant who has been refused a farmers market vendor permit or renewal of a farmers market vendor permit may, within ten days, appeal to the health authority by filing a copy of such application, the application's denial and requesting the health authority grant a hearing to overrule the action.
(o) 
A cottage food production operation, as that term is defined in chapter 437 of the Texas Health and Safety Code, is exempt from the permit requirements of this section.
(p) 
A farmers market or farmers market vendor booth that is conducting a cooking demonstration, or providing samples of food, for a bona fide educational purpose is exempt from paying permit fees described in this article.
(q) 
Notwithstanding any other provision to the contrary, a farmers market vendor may prepare and distribute samples of farm produce only, at a farmers market, without a permit, if the farmers market vendor complies with the sanitary conditions in section 437.020(c) of the Texas Health and Safety Code.
(r) 
A farmers market vendor may conduct a cooking demonstration only if the vendor verifies in writing with the farmers market at which the vendor is conducting the demonstration that the farmers market is in compliance with the establishment operator requirements of section 437.0203(c) of the Texas Health and Safety Code and the vendor complies with all other requirements of section 437.0203 of the Texas Health and Safety Code.
(s) 
A person may provide samples, or conduct a cooking demonstration, for a bona fide educational purpose, only in a defined physical location designated in writing by the market manager.
(Ordinance 180 adopted 11/26/13)
(a) 
A person operating as a farmers market vendor shall comply with the Texas Administrative Code, Title 25, Part 1, Chapter 229, Subchapter K (Texas Food Establishment Rules) regarding equipment, floors, dust control, ceilings and outer openings of food preparation areas at a temporary event.
(b) 
A farmers market vendor shall comply with the requirements of this section.
(c) 
The health authority may impose requirements on cooking, freezing, reheating, treating juice, and cooked-food storage temperatures.
(d) 
A person operating under a farmers market vendor permit shall comply with the following requirements:
(1) 
With the exception of egg vendors, all certified farmers market vendors operating at a farmers market must operate out of a central preparation facility as its base of operation.
(2) 
The health authority must approve the preparation, serving, or displaying of potentially hazardous foods at a farmers market in accordance with permit requirements.
(3) 
An employee or volunteer of a farmers market vendor shall be a certified food handler if operating under a class B or class C permit. The food handler certificate shall, upon request, be provided to the health authority.
(4) 
A farmers market vendor shall have sufficient potable water from a source approved by the health authority for cleaning foods, equipment and utensils under a class B or class C permit.
(5) 
A farmers market vendor operating under a class B or C permit shall provide an approved facility for employee handwashing consisting of warm, free-flowing clean running water at a minimum temperature of 100 degrees Fahrenheit, soap, and individual paper towels or other approved hand-drying device. If the vendor is unable to maintain the water at the above temperature, the vendor shall provide another control measure, such as a hand sanitizer or single-use gloves, which is approved by the health authority.
(6) 
A farmers market vendor operating under a class B or C permit shall provide an approved facility for washing, rinsing, and sanitizing of equipment and utensils used in the preparation and serving of food products. The facility shall consist of at least three containers or compartments, each of adequate size so as to permit the total immersion of all utensils used in a booth at a farmers market.
(7) 
A farmers market vendor operating under a class B or C permit must wear disposable plastic gloves when preparing samples of food or produce and must observe proper handwashing techniques immediately before preparing samples of food or produce.
(e) 
The health authority may inspect each farmers market vendor booth offering food products as is necessary for the enforcement of this section.
(f) 
The certified market manager of farmers market shall be responsible for ensuring compliance with the provisions of this article and for ensuring that all shared or common facilities and operations comply with this chapter. In the case of repeated violations of this section, the health authority may impose restrictions on the preparation of food products at a farmers market vendor booth under a class B or class C permit.
(g) 
The certified market manager shall obtain from the operator of a food cottage production operation and from a vendor exempt under section 10.02.061(g) the operator's or vendor's name, address, date of birth, and a copy of the person's government-issued identification. The certified market manager shall provide this information to the health authority upon request.
(h) 
A farmers market vendor may not set up food sampling operations as unattended self-service displays for customers.
(i) 
A farmers market vendor shall provide containers with covers to protect food products during storage and display and shall put sneeze guards, or other method or equipment, pre-approved by the health authority, into place to protect food products from consumer contamination.
(j) 
Farmers market vendors shall correct all violations at the time of inspection unless an extension is allowed by the health authority. No extension shall be granted where the violation poses a significant risk of food borne illness to the public.
(k) 
If a farmers market vendor does not correct violations at the time of inspection, or within the specified extension time limits, the health authority shall immediately order the booth to suspend operations and recommend to the city that the permit be suspended or revoked in accordance with section 10.02.034 or section 10.02.035.
(l) 
Repeated violations by a farmers market vendor operating at a certified farmers market without a valid permit or with a suspended permit constitutes an offense under this article.
(Ordinance 180 adopted 11/26/13)
The health authority may impose additional requirements to protect against health hazards related to the conduct of a farmers market booth, may prohibit the sale of some or all potentially hazardous foods and, when no health hazard will result, may waive or modify requirements of these rules.
(Ordinance 180 adopted 11/26/13)