Texas Farmer’s Market
Farmers’ Market Rules
Texas farmers’ markets provide another option for farmers, food producers, and other vendors to sell their products to the public. Farmers’ markets also present an option to shoppers for food products from farmers and other producers.
Regulations for Texas farmers’ markets contained in Title 25, Chapter 229.701-704 of the Texas Administrative Code can be found on the Department of Health and Human Services website.
Home Grown, Hand Picked, Hand Delivered
Vendors are responsible for having any licenses and/or permits that your product requires you to have such as Food Handler Certification, Farmers Market Permit, etc.
It is recommended that you bring a copy of any and all permits and/or licenses to any event you attend as you may be subject to random inspections from the Brazoria County Health Department and the Texas Department of Agriculture.
What Can You Sell at a Farmers’ Market?
Can you sell yard eggs at a Farmers’ Market?
Yes. 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.
Can you sell honey at a Farmers’ Market?
Yes. Honey may be sold at a farmer’s market.
Beekeepers that sell raw honey produced from their own bees/hives are “farms” and are exempt from licensing as food manufacturers when engaged in allowable farm activities.
Can you sell beef or pultry at a Farmers’ Market?
Yes. Meat or poultry products must come from animals processed in compliance with the regulations for livestock processing (Texas Health & Safety Code Chapter 433). A temporary food establishment permit is required.
Can you fish and other aquatic species at a Farmers’ Market?
Yes. Commercial fishermen must possess a license from the TPWD or the fish and other cultured species must be produced and raised in a facility that has an aquaculture license from TDA. A temporary food establishment permit is required.
Cottage Food and Raw Milk
Can a cottage food production operation sell food at a Farmers’ Market?
Yes. Foods produced at a cottage food production operation (CFPO) may be sold at farmers’ markets. The CFPO must comply with the guidelines as required in the law concerning Cottage Food Production Operations.
Can raw milk be sold at a Farmers’ Market?
No. Per HSC 437.020(e), raw milk cannot be sold nor samples of raw milk provided at a farmers’ market. However, per 25 TAC 217.31(b), Grade A raw milk and Grade A raw milk products may be delivered to a location determined by the processor and customer, including at a farmers’ market, as long as the delivery does not violate local ordinance.
Can you provide/distribute samples at a Farmers’ Market?
Yes. TX Health and Safety Code, Chapter 437.020 outlines the regulation of samples at a farmers’ market. In general, the following applies:
- 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; and
- 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.
What is a sample?
A sample is defined as a bite size portion, not a full serving.
If you need a Farmers’ Market Vendor Application for Brazoria County, you can find it here.