Farmers’ Markets in Texas

The Texas Department of State Health Services (DSHS) drafted new rules for farmers’ markets in the state of Texas and the informal comment period is open until December 21, 2021.

There are some major differences between the current regulations for farmers’ markets and the proposed rules, starting off with the simple question “what is a farmers’ market anyway?”

This is the current definition of a farmers’ market: A designated location used primarily for the distribution and sale directly to consumers of food by farmers and other producers.

This is the proposed and revised definition of a farmers’ market: A designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers.

The difference is subtle, but substantial nonetheless.

1. A farmer’s market shall be recurring.
2. 51% of the vendors shall be farmers or other food producers, i.e. cottage food production operations.

The staff at TexasPHS routinely observes events being incorrectly designated as farmers’ markets. TexasPHS also consistently observes cottage food production operations selling TCS foods made in a home kitchen at farmers’ markets (this is illegal by the way).

** Read the new draft rules for farmers’ markets. Send any comments or suggestions to foodestablishments@dshs.texas.gov **