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Texas · Food and alcohol sales

Food and alcohol sales in Texas

Food sales, tastings, alcohol, restaurants, and catering are not named in the chapter.

Source checked August 13, 2026Texas state lawLocal rules not included
What the cited source says

Food sales, tastings, alcohol, restaurants, and catering are not named in the chapter.

Important conditions

  • Whether an associated activity fits the definition and all food-facility, processing, retail, alcohol, labeling, tax, and local rules.

Relevant provisions

DefinitionAn agritourism activity is a recreational or educational activity on agricultural land, without regard to compensation. The entity definition includes a person displaying exotic animals to the public on agricultural land. Tex. Civ. Prac. & Rem. Code § 75A.001
Two alternative pathsThe limited-liability provision applies when the statutory warning was posted or when the entity obtained the written agreement and warning described by the chapter. § 75A.002(a)
ExceptionsThe section preserves liability for specified negligent disregard, known land/facility/equipment dangers, undisclosed dangerous animal propensity, failure to train or improper employee training, and intentional injury. § 75A.002(b)
Posted warningThe sign must be clearly visible on or near premises where the activity is conducted and contain the chapter's warning language. § 75A.003
Signed agreementThe alternative agreement must be signed before participation, signed by a parent, managing conservator, or guardian for a minor, separate from most other agreements, printed in at least 10-point bold type, and contain the prescribed language. § 75A.004

What this source does not answer

  • The chapter does not decide whether a particular tract is agricultural land or an activity is recreational or educational.
  • It does not replace food, alcohol, animal, building, fire, accessibility, transportation, insurance, or local requirements.
  • No case law or fact-specific agreement enforceability was reviewed.

What to check next

  • State and local food-establishment rules
  • Cottage-food rules
  • Alcohol licensing
  • Sampling and tasting rules
  • Labeling and sales tax
  • Temporary-event permits
  • Local zoning and fire requirements

Official source

Texas Civil Practice and Remedies Code Chapter 75A — official PDF

Read official source ↗

Checked August 13, 2026

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