Tex. Health & Safety Code § 437.0063 · Chapter 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS
SMALL-SCALE FOOD BUSINESS PERMIT EXEMPTIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section:
(1) "Food producer" has the meaning assigned by Section 437.020.
(2) "Small-scale food business" means a legal entity established by a farmer or food producer with less than $1.5 million in annual gross revenue. The term includes a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company.
(b) A county, municipality, or public health district may not require a small-scale food business or an employee of a small-scale food business to obtain a permit or pay a permitting fee to operate a food service establishment, temporary food service establishment, retail food establishment, temporary retail food establishment, or retail food store if the business:
(1) holds a permit issued by the department for that purpose; or
(2) is licensed as a food manufacturer under Subchapter J, Chapter 431.
(c) This section preempts a county's, municipality's, or public health district's authority to regulate a small-scale food business in a manner that conflicts with this section.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 744 (H.B. 2844), Sec. 1, eff. July 1, 2026.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm
- Text hash
- sha256 7047b03f35f12814479ba5bf3523d30eb5a9b13c1d1d4c304ffcba295fd9eeba
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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