| 1 | 1 | | 86R5417 EAS-F |
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| 2 | 2 | | By: Wilson H.B. No. 2009 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of certain direct sales of food to |
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| 8 | 8 | | consumers and a limitation on the fee amount for certain permits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 437, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Section 437.0065 to read as follows: |
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| 12 | 12 | | Sec. 437.0065. PERMITS FOR CERTAIN FARMERS AND FOOD |
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| 13 | 13 | | PRODUCERS. (a) In this section, "farmers' market" has the meaning |
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| 14 | 14 | | assigned by Section 437.020. |
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| 15 | 15 | | (b) This section applies only to a permit issued under this |
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| 16 | 16 | | chapter to: |
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| 17 | 17 | | (1) a farmer for the sale of food directly to consumers |
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| 18 | 18 | | at a farmers' market, a farm stand, or the farmer's farm; and |
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| 19 | 19 | | (2) an individual who prepares food for sale at a |
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| 20 | 20 | | farmers' market. |
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| 21 | 21 | | (c) A permit issued under Section 437.003, 437.004, |
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| 22 | 22 | | 437.0055, or 437.0201 to a person described by Subsection (b): |
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| 23 | 23 | | (1) must be valid for a term of not less than one year; |
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| 24 | 24 | | (2) may impose an annual fee in an amount not to exceed |
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| 25 | 25 | | $100 for the issuance or renewal; and |
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| 26 | 26 | | (3) must cover sales at all locations within the |
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| 27 | 27 | | jurisdiction of the permitting authority. |
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| 28 | 28 | | SECTION 2. Section 437.020(b), Health and Safety Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | (b) Except as provided by this section and Sections |
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| 31 | 31 | | 437.0065, 437.0201, 437.0202, and 437.0203: |
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| 32 | 32 | | (1) this chapter does not regulate the provision of |
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| 33 | 33 | | samples of food or the sale of food to consumers at a farm or |
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| 34 | 34 | | farmers' market; and |
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| 35 | 35 | | (2) a rule adopted under state law may not regulate the |
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| 36 | 36 | | provision of samples of food or the sale of food to consumers at a |
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| 37 | 37 | | farm or farmers' market. |
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| 38 | 38 | | SECTION 3. Section 437.0201(b), Health and Safety Code, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (b) The department or a local health department may issue a |
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| 41 | 41 | | temporary food establishment permit to a person who sells food at a |
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| 42 | 42 | | farmers' market, subject to Section 437.0065 [without limiting the |
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| 43 | 43 | | number of days for which the permit is effective to the number of |
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| 44 | 44 | | days during which the farmers' market takes place]. |
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| 45 | 45 | | SECTION 4. Section 437.0201(c), Health and Safety Code, is |
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| 46 | 46 | | repealed. |
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| 47 | 47 | | SECTION 5. The change in law made by this Act applies only |
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| 48 | 48 | | to an original or renewal permit issued on or after the effective |
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| 49 | 49 | | date of this Act. A permit issued before the effective date of this |
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| 50 | 50 | | Act is covered by the law in effect when the permit was issued, and |
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| 51 | 51 | | the former law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 6. This Act takes effect September 1, 2019. |
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