H.B. No. 5459 introduces new provisions to the Health and Safety Code, specifically adding Section 437.0063, which outlines exemptions for small-scale food businesses regarding permits. The bill defines a "small-scale food business" as a legal entity established by a farmer or food producer with annual gross revenues of less than $1.5 million. It stipulates that counties, municipalities, or public health districts cannot require these businesses to obtain permits or pay fees to operate food service establishments, temporary food service establishments, or retail food stores if they hold a relevant permit or are licensed as food manufacturers.

Additionally, the bill establishes that this new section will preempt any conflicting regulations from local authorities regarding small-scale food businesses. The provisions aim to simplify the regulatory process for small food producers, encouraging their operation without the burden of extensive permitting requirements. The act is set to take effect on September 1, 2025.

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