There is some good news!  Beginning September 1, provisions of SB81, passed by the Texas legislature in the last session, will benefit farmers’ markets and small-scale food producers. 

The bill provides that Texas farmers’ markets will be allowed up to one year temporary food establishment permits and removes requirements for mechanical refrigeration or heating.  State and local health departments can still set temperature requirements but they cannot mandate the specific method used to meet the requirements.  There is one exception–the provisions do not apply to municipality-owned farmers’ markets where the municipality can specify methods.

The bill also exempts small-scale producers of low risk foods from regulation if they are selling non-hazardous baked goods, canned jams or jellies, or dried herbs directly to consumers; they make $50,000 or less in gross sales of these foods; they sell from their home; and they label the food with a label that includes the name and address of the producer, and a statement that the food is not inspected by the state or local health departments.  The specific wording of the label will be determined by the Texas Department of State Health Services.

Along with the legislators who sponsored the bills, credit goes to the Farm and Ranch Freedom Alliance  that worked hard to pass this bill and others that did not succeed, including the raw milk delivery bill.   For more information about this bill and others that will benefit farmers and consumers, go to FARFA’s Texas 2011 Regular Legislative Session. 

Here’s hoping that in the next session we can get additional legislation passed to help our farmers–including the raw milk delivery bill.