Amends TCA Title 4; Title 43; Title 53; Title 67 and Title 68.

The Tennessee Food Safety Act (the "Act") prohibits a person from operating a food service establishment if the person does not hold a valid permit issued by the commissioner of health. Present law requires a person planning to operate a food service establishment to submit an application with the proper permit fee. FARMERS MARKET FOOD UNIT PERMIT This bill requires the department of health to issue a farmers market food unit permit to a qualified applicant who pays the $300 permit fee and successfully completes a pre-operational inspection to determine compliance with applicable rules of the department for food service establishments. A pre-operational inspection for a farmers market food unit permit applicant must be conducted at a local health department at a pre-scheduled date and time. This bill provides that, in addition to rules concerning permitting and the regulation of a temporary food service establishment, the following applies to a farmers market food unit: (1) A farmers market food unit must not operate in conjunction with an organized temporary event, unless the permittee obtains a temporary food service establishment permit for the temporary event; (2) The requirements for a permit under the Act apply to a farmers market food unit permit, and there is no limit on the number of days that a farmers market food unit may operate during the period that the permit is valid; (3) Suspension of permits under the Act applies to a farmers market food unit; (4) The time period for correction of violations under the Act does not apply to a farmers market food unit; however, the corrective actions provided in the Act do apply to a farmers market food unit; and (5) The operator of a farmers market food unit is not required to disassemble or remove the equipment used in the operation of the farmers market food unit from the premises of a farmers market at the conclusion of an operational day. However, this provision does not prohibit a farmers market operator from establishing rules for the removal of equipment from the premises of a farmers market. This bill does not prohibit a person from applying for, and being issued, a farmers market food unit permit and a temporary food service establishment permit for the same food service establishment. However, if the person operates as a temporary food service at a temporary event, then (1)-(5) above do not apply and the person must comply with all requirements of the Act, and the rules concerning permitting and regulation of a temporary food service establishment. A physical copy of a farmers market food unit permit must be present in the physical space occupied by the farmers market food unit at all times the farmers market food unit is in operation. This bill prohibits a municipal or county legislative body, or local health department, from imposing a regulation or requirement for the permitting and operation of a farmers market food unit that is more stringent than the requirements of this bill. VENDORS WITH SAMPLES This bill does not require a vendor at a farmers market to obtain a license or permit to offer samples for consumption on the premises of a farmers market if the vendor complies with the following: (1) Samples must be prepared on clean surfaces; (2) Food must be in good, sound condition, free from spoilage, filth, or other contamination; (3) Food must be honestly presented and safe for human consumption; (4) Cut produce should be discarded after two hours; (5) Persons preparing or dispensing samples must wash their hands frequently or have and use disposable gloves; (6) A barrier must be maintained between hands and food, such as gloves, tongs, toothpicks, or napkins; and (7) Sneeze guards or plastic or glass coverings are required to protect open food products from contamination, such as insects, dirt, and customers. RULEMAKING This bill authorizes the commissioner of health to promulgate rules to effectuate this bill. ON APRIL 10, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1049, AS AMENDED. AMENDMENT #1 makes the following changes to this bill: (1) Limits the regulations applicable to a farmers market food unit to the following: (A) A farmers market food unit must not operate in conjunction with an organized temporary event, unless the permittee obtains a temporary food service establishment permit for the temporary event; (B) Suspension of permits under the Act applies to a farmers market food unit; and (C) The operator of a farmers market food unit is not required to disassemble or remove the equipment used in the operation of the farmers market food unit from the premises of a farmers market at the conclusion of an operational day. However, this provision does not prohibit a farmers market operator from establishing rules for the removal of equipment from the premises of a farmers market. (2) Provides that in the case of farmers market food units, all violations of priority items must be corrected immediately whenever possible, and in any event, within 24 hours. (3) Clarifies that the commissioner of health may promulgate emergency rules to effectuate this bill; (4) Changes the effective date to January 1, 2024, rather than July 1, 2023, for all purposes other than promulgating rules.