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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES |
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Subtitle A. FOOD AND DRUG HEALTH REGULATIONS |
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Chapter 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS |
Sec. 437.020. PRODUCE SAMPLES AT MUNICIPALLY OWNED FARMERS' MARKETS
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(a) Except as provided by Subsection (b):
(1) this chapter does not regulate the provision of samples of produce to consumers at a municipally owned farmers' market; and
(2) a rule adopted under state law may not regulate the provision of samples of produce to consumers at a municipally owned farmers' market.
(b) Produce samples may only be distributed at a municipally owned farmers' market if the following sanitary conditions exist:
(1) produce samples must be kept in approved, clean, and covered containers;
(2) produce samples must be distributed in a sanitary manner;
(3) clean, disposable plastic gloves must be used when cutting produce samples;
(4) produce intended for sampling must be washed in potable water to remove any soil or other material so that it is wholesome and safe for consumption;
(5) potable water must be available for hand washing and sanitizing as approved by the local or state enforcement agency;
(6) potentially hazardous cut produce, as determined by rule of the department, must be maintained at or below 41 degrees Fahrenheit, and produce samples must be disposed of within two hours after cutting;
(7) utensil and hand washing water must be disposed of in a facility connected to the public sewer system or in a manner approved by the local or state enforcement agency; and
(8) utensils and cutting surfaces must be smooth, nonabsorbent, and easily cleaned or disposed of as approved by the local or state enforcement agency.