The Texas Department of State Health Services defines a Farmer's Market as "a designated location used primarily for the distribution and sale of food directly to consumers by farmers and other producers."
Application:Farmers Market Permit Application
May I provide/distribute samples at a farmers’ market?
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 (i.e. metal or plastic) utensils and cutting surfaces for cutting samples, or use disposable utensils and cutting surfaces;
- Samples of cut produce and other potentially hazardous foods shall be maintained at a temperature of 41°F or below and discarded within two hours after cutting or preparation.
Can raw milk be sold at a farmers’ market?
Raw milk cannot be sold at a farmers’ market.
Can a cottage food production operation sell food at a farmers’ market?
Foods produced at a cottage food production operation (CFPO) may be sold at farmers' market The CFPO must comply with the guidelines as required in the law concerning Cottage Food Production Operations.
Can I sell yard eggs at a farmers’ market?
To sell farm eggs at a farmers' market the following is required:
- You must have a temporary food establishment license; and
- Eggs must be maintained at an ambient air temperature of 45°F and below; and
- Eggs must be properly labeled as "ungraded" with safe handling instructions.
May I sell honey at a farmers' market?
Honey may be sold at a farmer’s market. In order to sell honey as food in Texas, you will need to follow the rules for Good Manufacturing Practices (GMPs) 25 TAC §§229.210-229.222 and obtain a food manufacturing license.
Also, a small honey production operation may sell honey directly to consumers at the beekeeper’s home, a farmer’s market, a farm stand, or a municipal, county, or nonprofit fair, festival or event according the Health and Safety Code Chapter 437, Section 437.001(7). The honey sold or dispensed must be labeled in accordance with Sub-chapter E, Chapter 131, Agriculture Code. The label must include: the net weight of the honey expressed in both the avoirdupois and metric systems; the beekeeper’s name and address; and the statement, “Bottled or packaged in a facility not inspected by the Texas Department of State Health Services.”