The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
(1) Department--The Texas Department of State Health
(2) Farmer--A person or entity that produces agricultural
products including, but not limited to, fruits, vegetables, fungi,
grains, fiber, honey, dairy products, meat, poultry, or eggs, by practice
of the agricultural arts upon land that the person or entity owns,
rents, leases, or to which the person or entity otherwise has access.
(3) 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. A farmers'
market must include at least two vendors who meet the definition of
"farmer" as defined in paragraph (2) of this section and may include
vendors who meet the definition of "food producer" as defined in paragraph
(6) of this section. In addition, a farmers' market may include vendors
who are not "farmers" or "food producers," provided that "farmers"
and "food producers" constitute the majority of vendors who participate
in the market throughout the year.
(4) Fish--As defined in the U.S. Food and Drug Administration
Food Code 2017 (Food Code) §1-201.10(B).
(5) Food--An agricultural, apicultural, horticultural,
silvicultural, viticultural, or vegetable product for human consumption,
in either its natural or processed state, that has been produced or
processed or otherwise has had value added to the product in this
state. The term includes:
(A) fish or other aquatic species;
(B) livestock, a livestock product, or livestock by-product;
(C) planting seed;
(D) poultry, a poultry product, or a poultry by-product;
(E) wildlife processed for food or by-products;
(F) a product made from a product described in this
paragraph by a farmer or other producer who grew or processed the
(6) Food producer--A person who grew, raised, processed,
prepared, manufactured, or otherwise added value to the food product
the person is selling. The term does not include a person who only
packaged or repackaged a food product.
(7) Potable water--Drinking water.
(8) Poultry--A live or dead domesticated bird.
(9) Produce--Fresh fruit or vegetables.
(10) Sample--A bite-sized portion of food or foods
offered free of charge to demonstrate its characteristics and does
not include a whole meal, an individual portion, or a whole sandwich.
(11) Time and temperature control for safety food (TCS
food) (formerly Potentially Hazardous Food)--As defined in the Food
|Source Note: The provisions of this §229.702 adopted to be effective August 3, 2014, 39 TexReg 5760; amended to be effective February 18, 2018, 43 TexReg 578; amended to be effective October 9, 2022, 47 TexReg 6583