(a)
Purpose.
Farmers’ markets are exempt from the
requirements of a food service establishment and are generally not
required to comply with the Texas Food Establishment Rules. However,
a local health authority may require permits and enforce temperature
requirements governing potentially hazardous foods. The purpose of
this article is to provide adequate health protection for the public
through regulations including permitting and food safety regulations
pertaining to persons who sell potentially hazardous food at farmers’
markets. A farmers’ market is a designated location used primarily
for the distribution and sale directly to consumers of food by farmers
or other producers.
(b)
Regulations adopted.
To the extent applicable to a farmers’
market, there is hereby adopted by reference title 25, part 1, chapter
229, subchapter K,. and subchapter FF, of the Texas Administrative
Code, as amended, which regulate farmers’ markets. Chapter 433,
“Texas Meat and Poultry Inspection Act,” applicable provisions
of chapter 437, “Regulation of Food Service Establishments,
Retail Food Stores, Mobile Food Units, and Roadside Food Vendors”
and chapter 438, “Public Health Measures Relating to Food”
of the Texas Health and Safety Code.
(c)
Potentially hazardous food definition.
A potentially
hazardous food is a food that requires time and temperature control
for safety (“TCS”) to limit pathogen growth or toxin production,
as further defined in Texas Administrative Code, title 25, part 1,
chapter 229, subchapter K, section 229.162(74).
(Ordinance 2020-31 adopted 5/12/20)
(a)
Permit, fee, renewal.
A person who intends to sell potentially hazardous food at a farmers’ market in the city must obtain from the city a farmers’ market potentially hazardous food vendor permit. All permits expire on December 31st each year. The fees for the permits under this section are set by the fee schedule, found in appendix A of this code.
(b)
Coordinator.
For every farmers’ market event,
a coordinator must be designated by the company or group operating
a farmers’ market. The coordinator of the farmers’ market
is responsible for the day-to-day operations and monitoring of all
food vendors, including TCS food vendors and non-TCS food vendors.
The coordinator must submit to the city ten (10) business days in
advance a list of all vendors participating and identify each vendor,
state the extent to which a vendor will sell or distribute potentially
hazardous food, provide food samples, or conduct cooking demonstrations.
(c)
Certain activities exempt from permit fee.
The permit fee required under subsection (a), above, is waived solely for sampling or cooking demonstrations that are conducted for bona fide educational purposes. A participant must pay the permit fee if the participant:
(d)
Cottage food operations exempt.
To the extent set forth
in chapter 437 of the Texas Health and Safety Code, and in title 25,
part 1, chapter 229, subchapter EE, section 229.661 of the Texas Administrative
Code a cottage food production operation is exempt from the requirements
of this article; provided, however, that the city has authority to
act to prevent an immediate and serious threat to human life or health.
The city shall maintain a record of a complaint made by a person against
a cottage food production operation. An individual who operates a
cottage food production operation must have successfully completed
a basic food safety education or training program for food handlers
accredited under subchapter D, chapter 438 of the Texas Health and
Safety Code. A cottage food production operation is required by state
regulations to meet certain labeling requirements as set forth in
title 25, part 1, chapter 229, subchapter EE, section 229.661(d).
(e)
Violations, penalty.
Establishments or persons that are not permitted as required under this section may not sell or distribute food at a farmers’ market. Any violation of this section or of the regulations set forth in other provisions of this article or adopted hereunder shall subject a violator to penalties as set forth in section 6.04.005 of this code.
(Ordinance 2020-31 adopted 5/12/20)
(a)
Meat and poultry.
In addition to complying with the TCS regulations set forth in section 6.04.064(c), a person who sells or provides samples of meat or poultry or food containing meat or poultry shall comply with Texas Health and Safety Code, chapter 433.
(b)
Milk.
No raw milk or raw milk products may be sold or
provided to a consumer.
(Ordinance 2020-31 adopted 5/12/20)
(a)
Cooking demonstrations.
Only the holder of a permit
issued under this article may conduct a cooking demonstration at a
farmers’ market. A cooking demonstrator may conduct a cooking
demonstration only if:
(b)
Samples.
Only the holder of a permit issued under this
article may provide food samples to consumers. In providing samples
to consumers, the holder of a permit issued under this article must
comply with the following requirements:
(1)
Samples must be distributed in a sanitary manner and must be bite-sized
and not full portions.
(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 set forth in subsection (c), below, potentially hazardous food, as determined by rule of the department, must be maintained at or below 41 degrees Fahrenheit or provided 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.
(c)
Food temperatures.
Food temperature requirements shall
be as set forth in this subsection; provided, however, that in any
instance where this subsection conflicts with state law or rule, then
the state law or rule shall prevail to the extent of the conflict.
(1)
Potentially hazardous food sold, distributed, or prepared on site at a farmers’ market, and potentially hazardous food transported to or from a farmers’ market shall meet the requirements of this subsection (c).
(2)
Frozen food.
Stored frozen foods shall be maintained
frozen.
(3)
Hot and cold holding.
All potentially hazardous food
sold at, prepared on site at, or transported to or from a farm or
farmers’ market at all times shall be maintained at:
(4)
Cooking of raw animal foods.
Raw animal foods shall
be cooked to heat all parts of the food to the following temperatures:
(A)
Poultry, ground poultry, stuffing with poultry, meat and fish to
74 degrees Celsius (165 degrees Fahrenheit) for 15 seconds;
(B)
Ground meat, ground pork, ground fish, and injected meats to 68 degrees
Celsius (155 degree Fahrenheit) for 15 seconds;
(C)
Beef, pork, meat, fish and raw shell eggs for immediate service to
63 degrees Celsius (145 degrees Fahrenheit) for 15 seconds;
(D)
Prepackaged, potentially hazardous food, that has been commercially
processed, to 57 degree Celsius (135 degrees Fahrenheit);
(E)
A raw or undercooked whole-muscle, intact beef steak may be served
if:
(i)
The steak is labeled to indicate that it meets the definition
of “whole-muscle, intact beef” as defined in Texas Administrative
Code, title 25, chapter 229, subchapter K, section 229.162(115) of
this title (relating to definitions); or
(ii)
The steak is cooked on both the top and bottom to a surface
temperature of 63 degrees Celsius (145 degrees Fahrenheit) or above
and a cooked color change is achieved on all external surfaces.
(F)
Raw animal foods cooked in a microwave oven shall be:
(i)
Rotated or stirred throughout or midway during cooking to compensate
for uneven distribution of heat;
(ii)
Covered to retain surface moisture;
(iii)
Heated to a temperature of at least 74 degrees Celsius (165
degrees Fahrenheit) in all parts of the food; and
(iv)
Allowed to stand covered for 2 minutes after cooking to obtain
temperature equilibrium.
(5)
Cooking fruits and vegetables.
Fruits and vegetables
that are cooked shall be heated to a temperature of 57 degrees Celsius
(135 degrees Fahrenheit).
(6)
Eggs.
A farmer or egg producer that sells eggs directly
to the consumer shall maintain the eggs at an ambient air temperature
of 7 degrees Celsius (45 degrees Fahrenheit) as specified in Texas
Administrative Code, title 25, chapter 229, subchapter K, section
229.164(c)(1)(C).
(Ordinance 2020-31 adopted 5/12/20)
The employees of the city.
A cooking demonstration made in good faith or made with earnest
intent to instruct and educate.
A designated location within the jurisdiction of the city
used primarily for the distribution and sale directly to consumers
of food by farmers or other producers.
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:
Fish or other aquatic species;
Livestock, a livestock product, or a livestock byproduct;
Planting seed;
Poultry, a poultry product, or a poultry byproduct;
Wildlife processed for food or byproducts;
A product made from a product described by this subdivision
by a farmer or other producer who grew or processed the product; or
Produce.
A food that requires time and temperature control for safety
to limit pathogen growth or toxin production as defined in 25 Texas
Administrative Code, section 229.162.
The state laws found in chapter 437 of the Texas Health and
Safety Code and the state rules found at 25 Texas Administrative Code,
chapter 229, subchapter FF, section 229.701–229.704.
(Ordinance 2020-31 adopted 5/12/20)
