HB5459 - Relating to food service establishment, temporary food service establishment, and retail food store permits for certain small-scale food businesses.

  89R26197 KRM-F     By: Wilson H.B. No. 5459     Substitute the following for H.B. No. 5459:     By:  VanDeaver C.S.H.B. No. 5459       A BILL TO BE ENTITLED   AN ACT   relating to food service establishment, temporary food service   establishment, and retail food store permits for certain   small-scale food businesses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 437, Health and Safety Code, is amended   by adding Section 437.0063 to read as follows:           Sec.   437.0063.     SMALL-SCALE FOOD BUSINESS PERMIT   EXEMPTIONS.   (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 to obtain a permit or pay a   permitting fee to operate a food service establishment, temporary   food service establishment, or retail food store at a location for   which 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.            SECTION 2.  This Act takes effect September 1, 2025.