(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, section 229.161, et seq. and subchapter FF, section 229.701, et seq. 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 2014-30 adopted 10/7/14)
(a) 
Permit, fee, renewal.
A person who intends to sell food at a farmers’ market in the town must obtain from the town a temporary food establishment permit. A permit expires one year after issuance and may be renewed with payment of a renewal permit fee. Permits are not transferable. 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 town 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:
(1) 
Sells food at the farmers’ market; or
(2) 
Provides samples or performs cooking demonstrations other than for bona fide educational purposes.
(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, a cottage food production operation is exempt from the requirements of this article; provided, however, that the town has authority to act to prevent an immediate and serious threat to human life or health. The town 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) 
Nonprofits exempt.
Notwithstanding the foregoing a food establishment that is a nonprofit organization as defined by Texas Business Organizations Code section 22.001(5) is exempt from the requirement to obtain a permit under this article.
(f) 
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 6.06.010 of this code.
(Ordinance 2014-30 adopted 10/7/14)
(a) 
Meat and poultry.
In addition to complying with the TCS regulations set forth in section 6.09.004(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 2014-30 adopted 10/7/14)
(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:
(1) 
Regardless of whether the demonstrator provides a sample of food to consumers, the farmers’ market that hosts the demonstration:
(A) 
Has an establishment operator with a valid certification under subchapter D, chapter 438 of the Texas Health and Safety Code supervising the demonstration; and
(B) 
Complies with subsection (c), below, regarding food temperature; and
(2) 
A demonstrator may provide a sample of food to consumers only if the demonstrator complies with subsection (b), below, and:
(A) 
The demonstrator provides a sample (bite-sized) only and not a full serving; and
(B) 
Samples of food prepared during a demonstration are disposed of not later than two hours after the beginning of the demonstration.
(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.
(2) 
A person preparing produce samples on site must:
(A) 
Wear clean, disposable plastic gloves when preparing samples; or
(B) 
Observe proper handwashing 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 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 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.
(c) 
Food temperatures.
Food temperature requirements shall be as set forth in this subsection (c); 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:
(A) 
For cold, 5 degrees Celsius (41 degrees Fahrenheit) or below; or
(B) 
For hot, 54 degrees Celsius (135 degrees Fahrenheit) or above.
(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 2014-30 adopted 10/7/14)