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Farmers’ Markets provide a unique shopping option for Texas consumers. The Texas Department of State Health Services (DSHS) is providing ongoing guidance for Texas residents concerning COVID-19, including specific guidance for Farmers’ Market operations.
View Farmers’ Market COVID-19 guidance
229. 701-704 Farmer Market Rules
Subchapter FF. Farmers’ Markets
(a) The purpose of this sub-chapter is to implement rules under Health and Safety Code, Chapter 437, as they relate to food temperature requirements and permits at farmers’ markets.
(b) This subchapter does not apply to a farmers’ market in a county:
(c) A person who sells or provides samples of meat or poultry or food containing meat or poultry shall comply with Health and Safety Code, Chapter 433.
(d) This section does not authorize the sale of or provision of samples of raw milk or raw milk products at a farmers’ market.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
Department–The Department of State Health Services.
Farmers’ market–A designated location used primarily for the distribution and sale directly to consumers of food by farmers and other producers.
Fish–As defined in §228.2 of this title (relating to Definitions).
Food–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 livestock by-product.
Planting seed.
Poultry, a poultry product, or a poultry by-product.
Wildlife processed for food or by-products.
A product made from a product described in this paragraph by a farmer or other producer who grew or processed the product.
Produce.
Poultry–A live or dead domesticated bird.
Produce–Fresh fruits or vegetables.
Producer–A person or entity that produces agricultural products by practice of the agricultural arts upon land that the person or entity controls.
Sample–A bite-sized portion of food or foods offered free of charge to demonstrate its characteristics and does not include a whole meal, an individual portion, or a whole sandwich.
Time/Temperature Control for Safety (TCS) food–(formerly Potentially Hazardous Food)–As defined in §228.2 of this title.
(a) Potentially hazardous food (time/temperature control for safety food) sold, distributed, or prepared on-site at a farmers’ market, and potentially hazardous food (time/temperature control for safety food) transported to or from a farmers’ market shall meet the requirements of this section.
(b) Frozen food. Stored frozen foods shall be maintained frozen.
(c) 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:
5 °C (41 °F) or below; or
54 °C (135 °F) or above.
(d) Cooking of raw animal foods. Raw animal foods shall be cooked to heat all parts of the food to the following temperatures:
Poultry, ground poultry, stuffing with poultry, meat and fish to 74 °C (165 °F) for 15 seconds.
Ground meat, ground pork, ground fish, and injected meats to 68 °C (155 °F) for 15 seconds.
Beef, pork, meat, fish and raw shell eggs for immediate service to 63 °C (145 °F) for 15 seconds.
Prepackaged, potentially hazardous food (time/temperature control for safety food), that has been commercially processed, to 57 °C (135 °F).
A raw or undercooked whole-muscle, intact beef steak may be served if:
The steak is labeled to indicate that it meets the definition of “whole-muscle, intact beef” as defined in §228.2 of this title (relating to Definitions); or
The steak is cooked on both the top and bottom to a surface temperature of 63 °C (145 °F) or above and a cooked color change is achieved on all external surfaces.
Raw animal foods cooked in a microwave oven shall be:
Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat.
Covered to retain surface moisture.
Heated to a temperature of at least 74 °C (165 °F) in all parts of the food; and
Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.
(e) Cooking fruits and vegetables. Fruits and vegetables that are cooked shall be heated to a temperature of 57 °C (135 °F).
(f) Eggs. A farmer or egg producer that sells eggs directly to the consumer at a farm or farmers’ market shall maintain the eggs at an ambient air temperature of 7 °C (45 °F) as specified in §228.63 of this title (relating to Specifications for Receiving).
Texas A&M AgriLife Extension Food Safety Education
Texas Farmers’ Markets: Becoming a Vendor
229.701-339.704 Farmer’s Market Rules
What is a farmer?
A farmer is a person with ownership of, or financial and/or productive responsibility for producing an agricultural product intended for use as a food or raw material.
Farmers are typically considered anyone who does some combination of raising field crops, orchards, vineyards, poultry, aqua-culture or some other form of livestock. That person also usually owns or directly controls a farm.
What is a farmers’ market?
A farmers’ market is a designated location used primarily for the distribution and sale of food directly to consumers by farmers and other producers.
What is a farm stand?
A farm stand is a premise owned and operated by a producer of agricultural food products at which the producer or other persons may offer for sale produce or foods.
Is a farmers’ market a food service establishment?
No. A farmers’ market is not a food service establishment.
Can I sell yard eggs at a farmers’ market?
Yes. To sell farm eggs at a farmers’ market, you must:
Have a temporary food establishment license.
Maintain an ambient air temperature of 45°F or below for the eggs.
Label the eggs with “ungraded,” and include safe handling instructions.
Can a cottage food production operation sell food at a farmers’ market?
Yes. Foods produced at a cottage food production operation (CFPO) may be sold at farmers’ market The CFPO must comply with the legal guidelines for its operation.
Can raw milk be sold at a farmers’ market?
No. Raw milk cannot be sold at a farmers’ market.
Can I sell honey at a farmers’ market?
Yes. With the adoption of the updated 25 TAC 229.210-225 Subchapter N, Current GMP and GWP in Manufacturing, Packing or Holding Human Food, beekeepers that sell raw honey produced from their own bees/hives are “farms” and are exempt from licensing as food manufacturers when engaged in allowable farm activities.
Beekeepers harvesting raw honey will not be required to license with DSHS if they are only engaged in allowable farm activities. Harvesting operations that conduct filtering, packaging, and labeling of honey are still subject to the adulteration and misbranding provisions of Texas Health and Safety Code 431. The Texas Agriculture Code, Title 6, Chapter 131, Bees and Honey, Subchapter E, Labeling and Sale of Honey gives DSHS regulatory authority over the labeling of honey.
Can I sell my own cattle or poultry that I have slaughtered at a licensed and inspected facility?
Yes. Meat or poultry products must come from animals processed in compliance with the regulations for livestock processing (Texas Health & Safety Code Chapter 433) and a temporary food establishment permit is required.
Can I sell fish and other aquatic species at a farmers’ market?
Yes. Commercial fishermen must possess a license from the Texas Parks and Wildlife Department (TPWD), or the fish and other cultured species must be produced and raised in a facility that has an aquaculture license from the Texas Department of Agriculture (TDA), and a temporary food establishment permit is required.
Do I need a temporary food establishment permit to sell food at a farmers’ market?
A temporary food establishment permit is not required for the following scenarios:
Selling whole, intact, unprocessed fruits and vegetables.
Selling pre-packaged non-potentially hazardous food/ time temperature for safety (PHF/TCS) foods.
Providing samples at a farm stand.
Conducting a cooking demonstration for “bona fide educational purposes.”
A temporary food establishment permit is required to sell all other potentially hazardous PHF/TCS foods (see “Food Safety” below for more details). This includes cattle, poultry, fish, and other aquatic species.
Do I need to have food handler’s card or food manager certification to sell food at farmers’ market?
No. A temporary food establishment operating under the jurisdiction of the Department of State Health Services is not required to obtain a food handler’s card or a certified food manger certificate. If the food vendor is associated with a bona fide cooking demonstration, the farmers’ market must have a certified food manager supervising.
Will the DSHS conduct inspections at farmers’ market?
Yes. The Texas Department of State Health Services (DSHS) has the authority to conduct inspections of all food vendors who need a temporary food establishment permit at a farmers’ market.
Will DSHS be required to write rules concerning farmers’ markets in a separate chapter outside the Texas Food Establishment Rules?
Yes. Texas DSHS is in the process of developing the rule concerning the regulation of farmers’ markets to comply with the requirements of Senate Bill 81 of the 2nd Legislative session and House Bill 1382 of the 83rd legislative session.
What is a potentially hazardous food/temperature controlled for safety food (PHF/TCS)?
A potentially hazardous food (PHF) is a food that requires time and temperature control to limit pathogen growth or toxin production.
In other words, a potentially hazardous food must be held under proper temperature controls like refrigeration to prevent the growth of bacteria that may cause human illness.
A PHF/TCS is a food that contains protein, moisture (water activity greater than 0.85), and is neutral to slightly acidic (pH between 4.6 -7.5).
What are proper hand washing techniques?
Vigorous friction on the surfaces of the lathered fingers, fingertips, areas between the fingers, hands and exposed arms (or vigorous rubbing the surrogate prosthetic devices for hands and arms) for at least 10 to 15 seconds, followed by thorough rinsing under clean, running warm water.
Immediately following the cleaning procedure with thorough drying of cleaned hands and arms (or surrogate prosthetic devices) using individual, disposable towels.
Can I provide/distribute samples at a farmers’ market?
Yes. To provide samples of food at a farm or farmers’ market, you must:
Distribute the samples in a sanitary manner.
Have potable water available.
Wash any produce intended for sampling with potable water to remove any visible dirt or contamination.
When preparing the samples, either wear clean, disposable plastic gloves or observe proper hand washing techniques immediately before preparation.
Use smooth, nonabsorbent, and easily cleaned (e.g. metal or plastic) utensils and cutting surfaces for cutting samples, or use disposable utensils and cutting surfaces.
Maintain a temperature of 41°F or below for samples of cut produce and other potentially hazardous foods and discard these samples within two hours after cutting or preparation.
What is a sample?
A sample is defined as a bite-size portion, not a full serving.
Do I need a temporary food establishment permit to provide samples at a farmers’ market?
No. A temporary food establishment permit is not required to provide samples at a farmers’ market.
What are the requirements for providing samples as a part of a cooking demonstration at a farmers’ market?
A farmers’ market may distribute samples as part of the cooking demonstration if:
The samples are a part of the “bona fide educational purpose.”
The samples are disposed of within two hours of preparation.
What are the requirements for performing a cooking demonstration at a farmers’ market?
For a farmers’ market cooking demonstration, individuals must:
Have someone with a certified food manager’s license supervising the demonstration
Comply with the requirements for a temporary food establishment permit.
Do I need a temporary food establishment permit to perform a cooking demonstration at a farmers’ market?
Cooking demonstrations conducted by a farmers’ market for a “bona fide educational purpose” are exempt from needing a temporary food establishment permit.
What is a “bona fide educational purpose”?
A bona fide educational purpose means the cooking demonstration made in good faith or made with earnest intent to instruct and educate. These demonstrations are also referred to as “bona fide cooking demonstrations.”
What are the requirements for providing samples as a part of a cooking demonstration at a farmers’ market?
A farmers’ market may distribute samples as part of the cooking demonstration if:
The samples are a part of the “bona fide educational purpose.”
The samples are disposed of within two hours of preparation.
Retail Food Establishments
Public Sanitation and Retail Food Safety Unit, MC 1987
Texas Department of State Health Services
Austin, TX 78714-9347
United States
Texas Department of State Health Services
1100 West 49th Street
Austin, TX 78756-3199
United States
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