§ 20-161. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certified farmers market means a farmers market that has been certified by the Texas Department of Agriculture pursuant to Subchapter D of Title 4 of the Texas Administrative Code.

Department means the Houston Health Department.

Establishment means any building, structure or stand where only farm produce is sold or offered for sale, or, within a certified farmers market, a building, structure or stand where only farm products are sold or offered for sale.

Farm produce means herbs and spices in their natural or dried state, and vegetables, fruits, nuts, berries, grains, honey, watermelons and other melons, cantaloupes and other edible plant materials in their natural state.

Farm products means farm produce, shelled peas or legumes, yard eggs, and packaged foods processed or manufactured by a vendor in a licensed food establishment and packaged and labeled according to all applicable laws.

Food shall have the meaning ascribed in article II of this chapter.

Market manager means a person who is designated as the person-in-charge of a certified farmers market.

Peddler means all persons, as well as their agents and employees, who engage in the temporary or transient business in the city of selling or offering for sale farm produce, or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof, or who sell or offer for sale upon the public streets from any vehicle, conveyance or instrumentality making delivery at the time of sale of such farm produce and who have no established place of business for the sale and distribution of such farm produce within the city.

Sampling means the demonstration or promotion of a food and its characteristics via the on-site preparation and offering of the food in small servings which cannot be sold and which may not consist of a whole meal, an individual portion or a whole sandwich.

Temporary or transient means any such business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease of premises for at least one month in or upon which such business is to be operated or conducted.

Time/temperature controlled for safety (TCS) food shall have the meaning set forth in article II of this chapter.

Vendor means any person who sells or offers for sale farm products or engages in sampling in a certified farmers market.

Yard eggs means ungraded shell eggs from a producer defined in Chapter 15 of Title 4 of the Texas Administrative Code.

(Code 1968, § 19-441; Ord. No. 03-1047, § 1, 11-12-03; Ord. No. 04-1013, § 1, 9-29-04; Ord. No. 07-1051, § 3, 9-12-07; Ord. No. 2015-820, § 13, 8-26-2015; Ord. No. 2015-1202, §§ 82—84, 12-2-2015)