(A) Farmers' markets. All farmers' markets and each vendor attending a farmers' market shall comply with the requirements of this chapter, unless otherwise restricted by applicable state or federal law.
(1) Farm stands and farmers selling food from their farm must meet the requirements of this section.
(2) Responsibility; assignment. The farmers' market permit holder shall be the PIC, or shall designate a PIC, and shall ensure that a PIC is present at the farmers' market during all hours of operation. The PIC shall provide proof of successfully passing an ANSI-accredited certified food protection manager’s course upon request.
(3) Farmers' market vendors that offer, sell, or distribute TCS food shall have a PIC that can provide proof upon request of successfully passing a Texas Department of State Health Services (DSHS) recognized certified food handler course. Food vendors that offer, sell, or distribute only prepackaged non-TCS food and plants, nuts in the shell, or whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption are exempt from the certified food handler requirement.
(4) The PIC of the farmers' market shall maintain, and provide upon request, a list of all farmers' market vendors. The list shall be maintained for a least 90 calendar days from the date of the end of the market. This list shall include:
(a) The name, address, and phone number of each vendor;
(b) The date(s) the vendor operated at the farmers' market;
(c) A list of the food offered by vendor for each date operated at the farmers' market;
(d) A copy of any applicable permit(s) held by the vendor; and
(e) The address or location of each food item’s origin, including where the food was grown, cultivated, or otherwise obtained by the vendor.
(B) Food.
(1) Preventing contamination.
(a) Food display. Except for plants, nuts in the shell, and whole, raw fruit and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by use of packaging; counter, service line, or sneeze guards that comply with National Sanitation Foundation (NSF) or equivalent standards; be completely enclosed display cases accessible only to farmers' market vendor staff; or by other means approved by the regulatory authority.
(b) A farmers' market shall have written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces at the food establishment. The procedures shall address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter. This procedure shall be available to the regulatory authority upon demand. Applicable equipment needed by the procedure shall be always available on-site.
(c) Approved source. Only food from an approved source as defined in this chapter or food prepared in a cottage food production operation may be offered at a farmers' market.
(d) Prohibited items. Fish, foraged food, game animals, gleaned food, and non-pasteurized dairy items are prohibited at a farmers' market. Raw cheeses from approved sources are allowed.
(e) Temperature requirements. Food temperatures must be in compliance with this chapter. Equipment used to hold food shall maintain required temperatures for the duration of the farmers' market.
1. Meats and poultry shall be maintained at or below 41 degrees Fahrenheit for the duration of the market, and while being transported to the market.
2. Eggs and refrigerated dairy items shall be maintained at or below 45 degrees Fahrenheit during transport to the market and for the duration of the market.
(f) Sampling. Sampling shall meet the requirements of Tex. Health and Safety Code § 437.020, as amended.
(2) Equipment, utensils, and facilities.
(a) Functionality of equipment. Equipment used to keep food frozen or refrigerated shall comply with this code and shall be able to maintain required temperatures for the duration of operations.
(b) Tables used within the vending area shall be made of non-porous material and easily cleanable.
(3) Equipment, numbers, and capacities. Where required, at least one hand washing facility, which shall include a container with a spigot that provides potable, clean, warm water; a wastewater container; soap; disposable towels; and a waste receptacle shall be located within 25 linear feet of each vendor approved to conduct sampling operations.
(a) A hand wash facility is not required for vendors with only pre-packaged products and plants, nuts in the shell, and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption.
(b) Each farmers' market vendor shall provide a refuse receptacle. Receptacles shall be non-porous and insect and rodent resistant. All refuse shall be disposed of offsite from the farmers' market to prevent pests and shall be disposed of no less than once per day.
(c) There shall be a sufficient number of receptacles to hold all the refuse that accumulates. The regulatory authority may require more frequent collection, more dumpsters, or larger dumpsters to accommodate the refuse that accumulates at the farmers' market.
(4) Physical facilities.
(a) Floor construction. Floors and floor coverings of all vending areas shall be located on a concrete or asphalt surface providing adequate drainage.
(b) Vending areas shall be covered, free of pests, and capable of providing shelter for vendors and customers.
(5) Plan review. Each person desiring to operate at a farmers' market shall submit the following to the regulatory authority at least five business days prior to the proposed start date of the farmers' market:
(a) A farmers' market permit application;
(b) A floor plan or diagram of the farmers' market location and layout, including the area reserved for vendors;
(c) An equipment list;
(d) A list of food proposed to be offered or vended;
(e) Proof of food origin by providing a copy of a current manufacturer’s license, providing a copy of a storage license, or providing a description of the approved source at where food will be obtained;
(f) A copy of approved food label(s), where applicable; and
(g) A description of solid and liquid waste disposal methods.
(C) Farmers' market inspection.
(1) All foods must be commercially produced prepackaged items from a license facility or commissary. Product sampling is prohibited. The does not apply to food that has been prepared or packaged under conditions meeting the requirements of this chapter and served within facilities meeting the requirements of this chapter. This includes all cottage food production operations.
(2) A manufacturing permit from the Texas Department of State Health Services (DSHS) and copies of product labels shall be provided to the regulatory authority.
(3) Person(s) operating as a farmers' market vendor shall comply with the Texas Health and Safety Code and the requirements of this section.
(4) The regulatory authority may inspect each farmers' market vendor booth offering food products as is necessary for the enforcement of this section.
(5) The farmers' market manager of a certified farmers' market shall be responsible for ensuring that all booths are operating with a current and valid permit and for ensuring that all shared or common facilities and operations comply with this chapter.
(6) In the case of repeated violations of this section, the regulatory authority may impose restrictions on the food products at a farmers' market vendor booth.
(7) A farmers' market vendor may not set up food sampling operations as unattended self-service displays for customers.
(8) A farmers' market vendor shall correct all violations at the time of inspection unless an extension is allowed by the regulatory authority. No extension shall be granted where the violation poses an imminent health hazard to the public.
(9) Farmers' market vendors operating at a certified farmers' market without a valid permit or with a suspended permit constitutes an offense under this chapter.
(10) The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of a farmers' market booth.
(11) Cottage food. Cottage food sold at the farmer’s market shall be labeled and such labels must include name and complete address of cottage food production operation, major allergens, batch number (if applicable), and the following statement “This food is made in a home kitchen and is not inspected by the Texas Department of State Health Services or a local health department.”
(Ord. OR-2249-22, passed 4-25-22)