Tex.
Health & Safety Code Section 437.0065
Permits for Certain Farmers and Food Producers
(a)
In this section, “farmers’ market” and “food producer” have the meanings assigned by Section 437.020 (Regulation of Food Samples at Farms and Farmers’ Markets).(b)
This section applies only to a permit issued under this chapter to:(1)
a farmer for the sale of food directly to consumers at a farmers’ market, a farm stand, or the farmer’s farm; and(2)
a food producer, other than a farmer, for the sale of food directly to consumers at a farmers’ market.(c)
A permit issued under Section 437.003 (County Authority to Require Permit), 437.004 (Public Health District Authority to Require Permit), 437.0055 (Permit from Department Required in Areas Not Regulated by County or Public Health District), or 437.0201 (Regulation of Food at Farmers’ Markets Under Temporary Food Establishment Permits) to a person described by Subsection (b):(1)
must be valid for a term of not less than one year;(2)
may impose an annual fee in an amount not to exceed $100 for the issuance or renewal; and(3)
must cover sales at all locations the permit holder is authorized to sell food under Subsection (b), including farmers’ markets, farm stands, and farms within the jurisdiction of the permitting authority.(d)
A farmer or food producer who is charged an annual fee in an amount that exceeds the amount authorized by Subsection (c)(2) or whose permit does not otherwise comply with this section may bring an action against the governmental entity that charged the fee or issued the permit to recover:(1)
the amount the farmer or food producer was charged in excess of the annual fee authorized by Subsection (c)(2); and(2)
reasonable and necessary attorney’s fees incurred in bringing the action.
Source:
Section 437.0065 — Permits for Certain Farmers and Food Producers, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm#437.0065 (accessed Jun. 5, 2024).
