Houston Code of Ordinances § 20-186 Scope.
Sec. 20-186. - Scope.
This division is applicable only to certified farmers markets and establishments therein.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07)
CERTIFIED FARMERS MARKETS
Houston Code of Ordinances ch. 20, art. III, div. 2
in effectHouston Code of Ordinances § 20-187 Prohibited activities.
Sec. 20-187. - Prohibited activities.
(a) It shall be unlawful for any person to operate a certified farmers market without first having obtained a license therefor as required by this division.
(b) It shall be unlawful for any vendor to display, sell or offer for sale any food item other than farm produce.
(c) It shall be unlawful for any person at any establishment within a certified farmers market to engage in food preparation other than that involved in sampling.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07; Ord. No. 2025-743, § 20, 8-27-2025)
Houston Code of Ordinances § 20-188 Additional requirements.
Sec. 20-188. - Additional requirements.
All vendors shall comply with the applicable requirements of article II of this chapter in addition to the provisions of this division. The health officer may impose additional requirements to protect against health hazards related to the conduct of a certified farmers market and may prohibit the sale of some or all time/temperature controlled for safety (TCS) foods where such action is reasonably necessary to protect the public from food borne illness.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07; Ord. No. 2015-1202, § 96, 12-2-2015)
Houston Code of Ordinances § 20-189 Sanitation requirements.
Sec. 20-189. - Sanitation requirements.
All vendors shall comply with the following sanitation requirements:
(1) Refrigeration. Mechanical refrigeration shall be provided as required in section 4-301.11 of the FDA Model Food Code for the storage of all time/temperature controlled for safety (TCS) foods. The use of dry ice or cold packs as a substitute for mechanical refrigeration of time/temperature controlled for safety (TCS) foods shall be acceptable only if used for six hours or less during a single day.
(2) Equipment. All equipment, including hot/cold food storage facilities must meet the requirements of article II of this chapter regarding food storage and equipment design and fabrication.
(3) Toilet facilities. Approved toilet facilities shall be available at all times for vendors, their employees, and volunteers. All toilet rooms approved for use by vendors, employees and workers shall conform to the requirements of sections 5-203.12, 5-501.17, 6-202.14, 6-302.11, 6-402.11, and 6-501.18 of the FDA Model Food Code.
(4) Hand-washing. A hand-washing sink provided with hot and cold water under pressure and tempered through a mixing valve shall be provided in or immediately adjacent to each toilet room used by vendors. A supply of soap and paper towels or other approved hand-drying device shall be provided adjacent to each hand-washing sink.
(5) Food protection; general. At all times, food shall be protected from potential contamination by all agents, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, draining, and overhead leakage. Delivery vehicles or other equipment used for food transportation shall be kept clean and shall be constructed so as to protect the food from contamination. Food samples for self-service shall be protected from consumer contamination by the use of packaging, sneeze guards, or other devices. Clean, disposable plastic gloves shall be worn by the vendor during sampling. Food intended for sampling shall be prepared, handled, and dispensed so as to be wholesome and safe for human consumption.
(6) Wet storage. The storage of unpackaged and packaged food in contact with water or ice is prohibited, except that produce and packaged farm products may be stored in contact with continuously drained ice obtained from an approved source.
(7) Waste. Liquid and solid waste shall be disposed of in accordance with all applicable laws.
(8) Garbage and rubbish. All garbage and rubbish shall be stored and disposed of in a manner approved by the health officer.
(9) Live animals. No live animals, birds, or fowl shall be kept or allowed within 20 feet of any area where food is stored, displayed or held, excluding patrol dogs or service animals when used in the manner specified in section 6-501.115(B) of the FDA Model Food Code.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07; Ord. No. 2015-1202, §§ 87, 96, 12-2-2015; Ord. No. 2025-743, § 21, 8-27-2025)
Houston Code of Ordinances § 20-190 Sampling operations.
Sec. 20-190. - Sampling operations.
All vendors conducting sampling shall comply with the following sanitation requirements:
(1) Limited preparation. Only those time/temperature controlled for safety (TCS) foods approved by the health officer and foods requiring limited preparation shall be prepared, displayed, served or sampled.
(2) Temperature maintenance. Time/temperature controlled for safety (TCS) food requiring limited preparation shall be served and maintained at the internal temperature of 41°F (5°C) or below or 135°F (57°C) or above in facilities that meet the requirements of this article except for shell eggs, as described in section 20-21.1(b)(3), which shall be stored at 45°F (7°C) or below according to all applicable laws. If the United States Department of Agriculture and the United States Food and Drug Administration determine by law that a lower temperature must be maintained, the lower temperature shall prevail.
(3) Disposal. All food samples shall be disposed within four hours after beginning of the operation, if not served or consumed.
(4) Food service manager's certification. The market manager or the operator of the establishment shall attend the food service manager's certification course in accordance with sections 20-52 and 20-53 of this Code. At least one certified manager shall be present when sampling operations are being conducted.
(5) Water. Vendors shall have sufficient hot and cold potable water for cleaning foods and for cleaning and sanitizing equipment and utensils.
(6) Single use articles. Only single use articles as defined in article II of this chapter shall be provided for use by consumers.
(7) Hand-washing. An approved facility for employee hand-washing, consisting, at a minimum, of warm, clean running water, soap, and individual paper towels or other approved hand drying device shall be provided near the vendors' establishments.
(8) Single-use gloves. Single-use gloves shall be used when the samples are being cut or prepared. Single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food. They shall be used for no other purpose and discarded when interruptions occur in the operation or when damaged or soiled.
(9) Hair restraints. While handling food or utensils, vendors shall wear effective hair restraints and clothing that covers body hair to prevent the contamination of food or food-contact surfaces as specified in section 2-402.11(a) of the FDA Model Food Code.
(10) Equipment and utensil cleaning and sanitation. An approved facility shall be provided for washing, rinsing and sanitizing of equipment and utensils used in the preparation and service of samples. The facility must consist of at least three containers or compartments, each of adequate size so as to permit the total immersion of all utensils used in the vendor's establishment. Washing, rinsing and sanitizing shall be conducted as specified under Sections 4-603.15, 4-603.16, and 4-703.11 of the FDA Model Food Code.
(11) Walls and ceilings. Walls and ceilings, where required by the health officer to protect food from contamination and to protect the public from food borne illness, shall be made of wood, canvas, or other similar material that protects the establishment from the weather and other contaminating agents. When required, screening material used for walls shall be at least 16-mesh to the inch.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07; Ord. No. 2015-1202, §§ 88, 89, 96, 12-2-2015; Ord. No. 2025-743, § 22, 8-27-2025)
Houston Code of Ordinances § 20-191 Inspections; enforcement.
Sec. 20-191. - Inspections; enforcement.
(a) The health officer shall inspect each establishment within a certified farmers market at least once every 12 months, and shall make as many additional inspections as are necessary for the enforcement of this division.
(b) The market manager of a certified farmers market shall be responsible for ensuring daily compliance with the provisions of this division. In the case of repeated violations of these requirements, the health officer may impose restrictions on the selling or sampling of some foods.
(c) All violations shall be corrected at the time of inspection unless an extension is allowed by the health officer. In determining whether to allow an extension and the length of the extension, the health officer shall consider the degree of risk, if any, that is posed by the violation and the time reasonably required to correct it. No extension shall be granted where any significant risk of food borne illness is posed to the public. If violations are not corrected within the specified time limits, the health officer shall immediately suspend the license.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07)
Houston Code of Ordinances § 20-192 License.
Sec. 20-192. - License.
(a) Application. Any person desiring to obtain or renew a certified farmers market license shall make written or electronic application for a license on a form promulgated by the health officer. The application shall include at least the following:
(1) The applicant's full legal name, post office address, home and business telephone number;
(2) Copy of the current and valid farmers market certification issued to the applicant by the Texas Department of Agriculture;
(3) Copy of the certified farmers market association by-laws, list of governing body members, and membership list;
(4) A property owner agreement letter; and
(5) A description of the certified farmers market season, and days and hours of operations.
(b) Posting of license. A certified farmers market shall have its certified farmers market license posted in view of the public during hours of operation.
(c) Term. A license shall be issued for a period of one year.
(d) Renewal. An application for renewal of a certified farmers market license must be received by the department, accompanied by the applicable fee, before the expiration date of the previous license. Information provided in a renewal application must be current and valid.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07; Ord. No. 2025-743, § 23, 8-27-2025)
Houston Code of Ordinances § 20-193 Fees.
Sec. 20-193. - Fees.
(a) At the time of application for a certified farmers market license and each renewal thereof, the applicant shall pay to the health officer a nonrefundable annual fee stated for this provision in the city fee schedule.
(b) Replacement fee. A license holder who has lost his valid, current certified farmers market license may obtain a replacement from the health officer for the fee stated for this provision in the city fee schedule.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, §§ 3, 5, 9-12-07; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2015-1202, § 90, 12-2-2015; Ord. No. 2025-743, § 24, 8-27-2025)
Houston Code of Ordinances § 20-194 Issuance or denial generally; term; suspension; revocation.
Sec. 20-194. - Issuance or denial generally; term; suspension; revocation.
(a) Upon receiving the application for a license under this division, the health officer shall make an inspection of the certified farmers market and each vendor's establishment within a certified farmers market, and if the certified farmers market complies with the provisions and requirements of this division, as well as other applicable ordinances, then the health officer shall approve the application upon the payment of the license fee and issue a license to the applicant. In the event the health officer shall determine that the applicant's certified farmers market does not comply with the provisions of this division or other ordinances, the health officer shall disapprove the application.
(b) Suspension or revocation. A license issued pursuant to this division may be suspended or revoked upon the suspension, withdrawal, or non-renewal of a farmers market certification issued by the Texas Department of Agriculture, or for violations of this division or of any state or federal laws, rules or regulations relating to activities covered by this division in the same manner and upon the same procedures prescribed in sections 20-41 through 20-43 of this Code for revocation or suspension for a food dealer's permit. In the event that a license issued under this division expires without timely renewal or is suspended or revoked, all operations within the certified farmers market shall be suspended until and unless the license for the certified farmers market is restored to valid status.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07)
Houston Code of Ordinances § 20-195 Appeal from denial.
Sec. 20-195. - Appeal from denial.
An applicant whose application for a certified farmers market license has been denied may, within ten days, appeal to a hearing officer appointed by the director of public health. The hearing officer shall conduct a hearing in the same manner and upon the same procedures prescribed in sections 20-41 through 20-43 of this Code.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07; Ord. No. 2015-820, § 14, 8-26-2015)
Houston Code of Ordinances § 20-196 Alternatives; waivers.
Sec. 20-196. - Alternatives; waivers.
The director of public health or his designee may authorize alternatives to particular requirements of this division or any other provisions of this article with respect to a certified farmers market. An authorization shall be considered only upon written request, which shall set forth the provision for which an alternative is sought and the nature of the proposed alternative. Approval for the alternative shall be granted if it is determined that, for the purpose intended, the alternative proposed is at least equivalent to the requirement otherwise specified in this division with respect to safety, sanitation and related purposes. The burden of demonstrating compliance with the foregoing standard shall be upon the requestor. Consistent with the foregoing procedures and standards, the director of public health or his designee may waive any requirement of this division upon his determination that failure to comply with the requirement, as applied to the operation of the certified farmers market or vendor's establishment, does not endanger the public health or safety of the food supply. An approval issued under this section shall be valid only if issued in writing and shall be limited in scope as provided therein.
(Ord. No. 04-1013, § 2, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07; Ord. No. 2015-820, § 14, 8-26-2015)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH20FODR_ARTIIIFAPR_DIV2CEFAMAFetched: 10/26/2026