At least five farmers markets will be braving the forty-degree weather tomorrow. The Coppell Market will be holding one of its bi-weekly markets while the year-round Four Seasons Market in Richardson, the Downtown Arlington Market, the Dallas Farmers Market and Fort Worth’s Cowtown Market will be up and running.
But if the rule-writing bureaucrats at the Texas Department of State Health Services (DSHS) have their way, it’s going to be harder and harder for the markets to operate even in good weather.
If you were following the food legislation in Austin last session, you may recall that there was a bill passed that had a provision for making it easier for individual vendors at farmers' markets to obtain a temporary permit to prepare food on-site if they wanted to.
Well it seems the good folks at DSHS, have decided not to write the rules implementing that piece of legislation, but instead have proposed a new rule for farmers markets that would classify them as “food establishments”-- a step that is counter to the legislature’s intentions and will actually make it harder for farmers markets to stay open.
As the Farm and Ranch Freedom Alliance (FARFA) explained in an alert issued today:
“The agency has proposed a rule that would classify farmers' markets as "food establishments," in the same category as restaurants and grocery stores. This change will place new burdens on farmers' market organizers, and it might create new problems for every vendor at the markets, although the full consequences are unclear. The agency has also added "cut tomatoes" and "cut leafy greens" to the list of "potentially hazardous foods." The agency has failed to provide any explanation of the consequences of these changes for our farmers and market organizers. “
It’s actually a pretty slick piece of bureaucratic maneuvering. By changed the classification of farmers markets, our friends at DSHS will make it harder, not easier for farmers markets to exist. Trust me; markets are low-budget operations that struggle to stay in business. Making them adhere to the same rules that apply to permanent “food establishments” could drive many of them out.
It’s also unclear how the food establishment regulations will apply to farmers markets. As Judith McGeary, the executive director of FARFA asks: “How will the 200 pages of regulations that apply to food establishments be implemented in the context of a farmers market? “ It’s a good question, but one that DHSH so far isn’t answering.
Jackie King, the founder of the Brick Street Farmers Market in Corsicana has another question. “From what I’ve been told, a food establishment has to get their food from ‘approved sources’ and the food must be delivered in ‘approved vehicles,’” she said. “So does that mean that each farmer and the truck they use to bring their produce to market must be somehow ‘approved? ’ “ Another good question. The answer could well put the Brick Street market out of business and stop farmers from participating in any market.
Sarah Perry, one of the founders of the White Rock Local Market, is dumfounded by the proposed rule. “How do they have time, with all the budget cuts, to write a rule that goes against the intent of the bill the legislature passed,” she asked. (Another good question.) Sarah was one of the market operators who worked with the City of Dallas to develop rules for city farmers market that make sense. “I’m not sure if this new state rule would supersede the city regulations, but if they do, it would make it much harder to operate.”
Sarah also pointed out the inconsistency in the State’s actions. “The Department of Agriculture has always been supportive of farmers markets and has encouraged their growth. I wonder where they stand on this.” (Another good question.)
So we asked Richard De Los Santos--the point man for the state Agriculture Department’s work with farmers markets--just how does the Ag Department feel about the regulation? As of this writing, we haven’t heard back, but it is late on a Friday afternoon.
Gwin Grimes, the owner of Artisan Baking Company in Fort Worth and the spokesperson for Cowtown Farmers Market had a real basic and important question: “Why is the state is targeting farmers markets? “There has never been a single instance of food illness reported in the country from food bought at farmers markets. Why go after us? Why don’t they go after the big producers who triple wash their spinach in dirty water?”
Good questions all.
So, if you’re interested in answers and in continuing to have the option to shop at farmers markets, you might want to let the DHSH know how you feel about their proposed regulation. Check out FARFA’s alert to find out what you can do to help derail it.
And, if you’re going to the market this weekend, look for winter greens including Swiss Chard, kale, Chinese cabbage and lettuces along with root vegetables like beets and turnips at most markets, as well as artisanal foods like soups, breads, jarred good s like jams, jellies and salsas and pastas, granolas nuts and honey. The markets are also a good place (at least for now) to get eggs from pastured chickens and grass-fed/pasture-raised beef, pork and chicken.
Enjoy them while you can. Come spring, if the DSHS has their way, even the markets that brave the winter cold might succumb to the chilling effects of these over-reaching bureaucrats.