| |
| |
| |
|
|
AN ACT
|
|
|
relating to the regulation of cottage food production operations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 437.001, Health and Safety Code, is |
|
|
amended by adding Subdivisions (1) and (3-c) and amending |
|
|
Subdivision (2-b) to read as follows: |
|
|
(1) "Acidified canned goods" means food with a |
|
|
finished equilibrium pH value of 4.6 or less that is thermally |
|
|
processed before being placed in an airtight container. |
|
|
(2-b) "Cottage food production operation" means an |
|
|
individual, operating out of the individual's home, who: |
|
|
(A) produces at the individual's home, subject to |
|
|
Section 437.0196: |
|
|
(i) a baked good that is not a time and |
|
|
temperature control for safety [potentially hazardous] food, as |
|
|
defined by Section 437.0196; |
|
|
(ii) candy; |
|
|
(iii) coated and uncoated nuts; |
|
|
(iv) unroasted nut butters; |
|
|
(v) fruit butters; |
|
|
(vi) a canned jam or jelly; |
|
|
(vii) a fruit pie; |
|
|
(viii) dehydrated fruit or vegetables, |
|
|
including dried beans; |
|
|
(ix) popcorn and popcorn snacks; |
|
|
(x) cereal, including granola; |
|
|
(xi) dry mix; |
|
|
(xii) vinegar; |
|
|
(xiii) pickled fruit or vegetables, |
|
|
including beets and carrots, that are preserved in vinegar, brine, |
|
|
or a similar solution at an equilibrium pH value of 4.6 or less |
|
|
[pickles]; |
|
|
(xiv) mustard; |
|
|
(xv) roasted coffee or dry tea; [or] |
|
|
(xvi) a dried herb or dried herb mix; |
|
|
(xvii) plant-based acidified canned goods; |
|
|
(xviii) fermented vegetable products, |
|
|
including products that are refrigerated to preserve quality; |
|
|
(xix) frozen raw and uncut fruit or |
|
|
vegetables; or |
|
|
(xx) any other food that is not a time and |
|
|
temperature control for safety food, as defined by Section |
|
|
437.0196; |
|
|
(B) has an annual gross income of $50,000 or less |
|
|
from the sale of food described by Paragraph (A); |
|
|
(C) sells the foods produced under Paragraph (A) |
|
|
only directly to consumers [at the individual's home, a farmers'
|
|
|
market, a farm stand, or a municipal, county, or nonprofit fair,
|
|
|
festival, or event]; and |
|
|
(D) delivers products to the consumer at the |
|
|
point of sale or another location designated by the consumer. |
|
|
(3-c) "Fermented vegetable product" means a low-acid |
|
|
vegetable food product subjected to the action of certain |
|
|
microorganisms that produce acid during their growth and reduce the |
|
|
pH value of the food to 4.6 or less. |
|
|
SECTION 2. Section 437.0193, Health and Safety Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) A cottage food production operation that sells frozen |
|
|
raw and uncut fruit or vegetables must include on the label of the |
|
|
frozen fruit or vegetables or on an invoice or receipt provided with |
|
|
the frozen fruit or vegetables when sold the following statement in |
|
|
at least 12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent |
|
|
illness from bacteria, keep this food frozen until preparing for |
|
|
consumption." |
|
|
SECTION 3. Section 437.0194, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION |
|
|
OPERATIONS PROHIBITED OR RESTRICTED. (a) A cottage food |
|
|
production operation may not sell any of the foods described in |
|
|
Section 437.001(2-b)(A)[:
|
|
|
[(1) through the Internet;
|
|
|
[(2) by mail order; or
|
|
|