§ 42-151. Farmer's markets.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Baked good[s] include cookies, cakes, breads, Danish, donuts, pastries, pies, and other items that are prepared by baking the item in an oven.

Cottage food means and includes the following foods if (i) the foods are produced out of the seller's individual home satisfying all state and local laws and regulations applicable to cottage food production operations and (ii) do not require refrigeration:

(1)

A baked good that is not a potentially hazardous food;

(2)

Candy;

(3)

Coated and uncoated nuts;

(4)

Unroasted nut butters;

(5)

Fruit butters;

(6)

A canned jam or jelly;

(7)

A fruit pie;

(8)

Dehydrated fruit or vegetables, including dried beans;

(9)

Popcorn and popcorn snacks;

(10)

Cereal, including granola;

(11)

Dry mix;

(12)

Vinegar;

(13)

Pickles;

(14)

Mustard;

(15)

Roasted coffee or dry tea; or

(16)

A dried herb or dried herb mix.

Crafts means handmade goods crafted by the seller out of the seller's individual home.

Display means a booth or space provided at the farmers' market for farmers' market vendors to exhibit produce, pure honey, cottage foods, or arts and crafts for sale.

Home means a primary residence that contains a kitchen and appliances designed for common residential usage.

Imminent health hazard means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.

Producer means a person or entity that produces agricultural products by practice of the agricultural arts upon land that the person controls that is within 150 miles of the corporate limits of the city.

Pure honey means the nectar of plants that has been transformed by, and is the natural product of, bees and that is in the comb or has been taken from the comb and is packaged in a liquid, crystallized, or granular form, which honey is produced from a small honey production operation, as defined in V.T.C.A., Health and Safety Code § 437.001.

Potentially hazardous food means a food that requires time and temperature control for safety to limit pathogen growth or toxin production. The term includes a food that must be held under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that may cause human illness. A potentially hazardous food may include a food that contains protein and moisture and is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products, pasteurized and unpasteurized milk and dairy products, raw seed sprouts, baked goods that require refrigeration, including cream or custard pies or cakes, and ice products. The term does not include a food that uses potentially hazardous food as ingredients if the final food product does not require time or temperature control for safety to limit pathogen growth or toxin production.

Produce means fresh fruits or vegetables in their natural state.

Sample [means] 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.

Wholesale means the sale of produce, cottage foods, pure honey, or arts and crafts to retail dealers or other persons for the purpose of resale.

(b)

General. All farmers' markets and farmers' market vendors shall comply with all requirements of this chapter, unless otherwise restricted by applicable federal, state or local law or otherwise provided in this section.

(c)

Permit.

(1)

Required. No person shall operate a farmers' market at which farmers' market vendors vend produce, cottage foods, or pure honey without a valid farmers' market permit issued by the regulatory authority.

(2)

Denial. The regulatory authority may refuse to issue a permit if the regulatory authority finds that the application is incomplete or that the proposed farmers' market is not in compliance with all applicable laws and regulations, including those specified in this section.

(3)

Suspension of permits. The regulatory authority may suspend a farmers' market permit in accordance with this subsection; however, the issuance of a suspension shall be a remedy in addition to, and not in lieu of, any penalty authorized under this Code, and shall not limit any other rights of the regulatory authority to pursue other actions or remedies to address any violation of the provisions of this article.

a.

Emergency suspension. If the regulatory authority finds a condition constituting an imminent health hazard, or that a public health nuisance (as that term is defined in V.T.C.A., Health and Safety Code § 341.011) that is an immediate and substantial hazard to the public health exists in the operation of a farmers' market permitted under this section, the regulatory authority may issue a summary suspension without prior warning, notice or hearing, if the notice:

1.

States the reasons for the suspension;

2.

States the evidence that the permit holder shall provide in order to demonstrate that the reasons for suspension have been eliminated;

3.

States that the permit holder may request an appeal hearing by submitting a timely request to the regulatory authority; and

4.

Provides the name and the address of the regulatory authority representative to whom a request for appeal hearing may be made.

b.

General suspension. If the regulatory authority finds a condition constituting a public health nuisance (as that term is defined in V.T.C.A., Health and Safety Code § 341.011), but not constituting an immediate and substantial hazard to the public health exists in the operation of an establishment permitted under this section, the regulatory authority may issue a written notice ordering abatement of the nuisance to any person responsible for the nuisance. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this section, the permit holder or operator shall be notified in writing that the permit is, upon receipt of the suspension notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the permit holder within seven calendar days.

(4)

Reinstatement of suspended permits. Any person whose permit has been suspended may, not more than 60 days after the date of suspension, make application for a reinspection for the purpose of reinstating the permit. Within 14 calendar days following receipt of a written request, including a statement signed by the applicant that in his opinion the condition causing the suspension of the permit has been corrected, the regulatory authority shall make a reinspection. If the applicant is complying with the requirements of this article, the permit shall be reinstated.

(5)

Revocation. If a permit holder has been issued more than three violation notices or citations pertaining to any of the requirements of this section during a 12-month period, the permit may be permanently revoked after an opportunity for a hearing has been provided by the regulatory authority. Prior to such action, the regulatory authority shall notify the permit holder in writing, stating the reasons that the permit should be permanently revoked. The permit shall be revoked at the end of seven calendar days following service of this notice, unless a request for a hearing is filed with the regulatory authority, by the permit holder within such five-day period.

(6)

Term. Permits issued under this section shall be valid for two consecutive days per month for 12 months.

(7)

Restrictions.

a.

Only one farmers' market permit shall be issued for each location of a farmers' market per 12-month period.

b.

Only one farmers' market permit shall be issued to a person per 12-month period.

(8)

Nontransferable. A permit issued under this article shall be nontransferable from one person or place to another person or place. Permits will remain the property of the health department.

(d)

Responsibility.

(1)

Presence. The farmers' market permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the farmers' market during all hours of operation.

(2)

List. At least 72 hours before the commencement of the operation of the farmers' market, the person in charge of the farmers' market shall maintain a list of all farmers' market vendors, have it readily available at the farmers' market, and provide access and copies of the list to the regulatory authority upon request. The list shall be maintained for at least 90 calendar days from the date of the end of the market. This list shall include, at a minimum:

a.

The name, address, and phone number of the farmers' market vendor;

b.

The date(s) the farmers' market vendor is to operate at the farmers' market;

c.

A list of the items offered by farmers' market vendor for each date operated at the farmers' market;

d.

A copy of any applicable permits held by the farmers' market vendor;

e.

The address or location of each food item's origin, including information on where the food items were grown, cultivated or otherwise obtained by the farmers' market vendor;

f.

Proof of food origin, copy of manufacturer's license, copy of storage license or a description of approved source where food items will be obtained;

g.

A copy of approved food label(s); and

h.

Any other information required of the regulatory authority.

(e)

Application. A person desiring to operate a farmers' market shall make written application and pay a non-refundable fee of $300.00. Such application shall include, but not be limited to, the following:

(1)

That information required in section 42-176;

(2)

The number of farmers' market vendors selling:

a.

Produce;

b.

Pure honey;

c.

Cottage food; and

d.

Arts and crafts.

(3)

A plan as described in subsection (f) of this section.

(f)

Plans. Each person desiring to operate a farmers' market shall submit the following to the regulatory authority at least 72 hours prior to the proposed start date of the farmers' market:

(1)

A farmers' market permit application or valid permit;

(2)

A floor plan or diagram of the farmers' market location and layout, including storage and sales together with the location of the toilet facilities, lavatory, produce sink, and trash receptacles;

(3)

An equipment list;

(4)

A list of the farmers' market vendors and what they are selling; and

(5)

A description of each method used to disposing of solid and liquid waste.

(g)

Inspections.

(1)

Initial inspection. Upon receipt of an application, the regulatory authority shall make an inspection of the location proposed for the farmers' market to determine compliance with the provisions of this Code.

(2)

Subsequent inspections. The regulatory authority may enter the farmers' market at any time to determine compliance with this Code as well as rules and regulations of the state and local governmental entities.

(h)

Location. Farmers' markets shall be located only on properly zoned property. An active business other than the farmers' market shall be currently operating on any private property used as a farmers' market. The owner or operator of the farmers' market shall obtain a notarized letter from the business owner stating that the market has permission to vend produce, cottage food, pure honey, and crafts on the property. The notarized letter shall be submitted to the regulatory authority at the time of a food establishment permit application.

(i)

Displays. Produce displays shall not include beds of vehicles but shall be limited to tables that are at least six inches above the ground. Fresh produce shall not be cut or sliced unless cut or sliced in accordance with subsection (k) of this section. Displays shall be located on acceptable smooth, hard, paved surfaces such as concrete or machine laid asphalt. There shall be only one farmers' market vendor per display at the farmers' market.

(j)

Hours of operation. Farmers' markets may be operated between the hours of 8:00 a.m. and 5:00 p.m. It shall be unlawful at any other time for

(1)

A farmers' market vendor to sell or offer for sale at a farmers' market; or

(2)

A farmers' market permit holder to allow the sale or offer for sale at the permitted farmers' market.

(k)

Samples.

(1)

Only produce may be sampled at a farmers' market;

(2)

Samples must be distributed in a sanitary manner;

(3)

A person preparing produce samples on-site must:

a.

Wear clean, disposable plastic gloves when preparing samples; or

b.

Observe proper hand washing techniques immediately before preparing samples;

(4)

Produce intended for sampling must be washed in potable water to remove any soil or other visible material;

(5)

Potable water must be available for washing;

(6)

Except as provided by V.T.C.A., Health and Safety Code § 437.0202(b), potentially hazardous food must be maintained at or below 41 degrees Fahrenheit or disposed of within two hours after cutting or preparing; and

(7)

Utensils and cutting surfaces used for sampling shall be smooth, nonabsorbent and easily cleaned and shall be disposable unless approved by the regulatory authority.

(l)

Prohibited.

(1)

Food. No meat, poultry, raw milk or associated products or potentially hazardous food, with the exception of produce, may be sold, sampled or displayed for sale at a farmers' market.

(2)

Animals. Animals may not be vended, sold, offered for adoption or given away at a farmers' market, except if vended, sold, offered for adoption or given away by an animal control facility operated by a governmental entity.

(3)

Cooking demonstration. A farmers' market permitted pursuant to this section shall not include cooking demonstrations.

(4)

Wholesale. The sale, offer for sale, or taking orders for sale of food processed or manufactured or that is supplied by a wholesale produce distributor is prohibited. No item which was previously wholesaled may be sold, offered for sale, ordered, sampled or displayed at the farmers' market.

(m)

Facilities.

(1)

Toilet facilities. Conveniently located toilet facilities with direct outdoor access for the farmers' market shall be available for market vendors. A notarized letter from the business owner granting the market vendors access to toilet facilities during all hours of the farmers' market operation shall be submitted with the food establishment permit application. A copy of the letter shall be made available to the regulatory authority upon request. All toilets shall conform to the City Code and shall have tight fitting, self-closing solid doors. Toilet rooms and fixtures shall be clean and in good repair. Toilet paper shall be available and easily accessible at all times. Toilets accessible to women shall have a trash receptacle that is covered with a lid.

(2)

Lavatory. A hand wash lavatory with hot and cold water under pressure and tempered through a mixing valve shall be provided in or immediately adjacent to the toilet room. A soap dispenser and disposable paper towels shall be available at all times. All wastewater shall be captured and disposed of in an approved sewage disposal system.

(3)

Produce sink. A produce sink with hot and cold water under pressure and tempered through a mixing valve shall be provided at the farmers' market for use for produce only. Disposable paper towels shall be available at all times. All wastewater shall be captured and disposed of in an approved sewage disposal system.

(4)

Tables. Tables used within the vending area shall be made of non-porous material and be easily cleanable.

(5)

Vending areas. Vending areas shall be covered, free of pests and capable of providing shelter for all produce displayed.

(6)

Trash receptacles. Trash receptacles shall be available to each farmers' market vendor, and shall be non-porous and insect and rodent resistant. Trash shall be disposed of offsite as needed to prevent pests, but in no event will trash disposal be less frequent than once per day.

(7)

Floor construction. Floors and floor coverings of all vending areas shall be located on a concrete or asphalt surface providing adequate drainage, excluding vending areas for arts and crafts.

(n)

Cleanup. The permit holder shall ensure that all trash, refuse and garbage are removed from the site at the end of each day or that trash, refuse and garbage is placed in appropriate containers for later disposal. The premises occupied by the farmers' market shall be kept clean and free of accumulated trash, refuse or garbage during and after the hours of operation. All discarded fresh fruits, vegetables or other produce that remains at the market site shall be sealed in plastic bags and discarded in waste containers. Sufficient durable, nonabsorbent and easily cleanable, leak-proof, rodent and insect-proof refuse and garbage containers shall be available on site.

(o)

Exemptions.

(1)

The person who has obtained a permit pursuant to subsection (b) of this section is exempt from obtaining an open air vendor permit.

(2)

Farmers' market vendors selling produce at a permitted farmers' market are exempt from obtaining a food establishment permit and an open air vendor permit.

(3)

Farmers' markets operated governmental entity shall not be subject to the permit fee requirements of this section.

(p)

Violation. A violation of this section constitutes an offense punishable in accordance with section 1-14 of the Code.

(Ord. No. 9380, § 2, 7-11-02; Ord. No. 13,260 , § 2, 8-25-16)