1. (a) In this section:

   1. (1) "Food producer" has the meaning assigned by Section 437.020.
   2. (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.

2. (b) A county, municipality, or public health district may not require a small-scale food business or an employee of a small-scale food business to obtain a permit or pay a permitting fee to operate a food service establishment, temporary food service establishment, retail food establishment, temporary retail food establishment, or retail food store if the business:

   1. (1) holds a permit issued by the department for that purpose; or
   2. (2) is licensed as a food manufacturer under Subchapter J, Chapter 431.
3. (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.

Added by Acts 2025, 89th Leg., R.S., Ch. 744 (H.B. 2844), Sec. 1, eff. July 1, 2026.