86(R) HB 2108 - House Committee Report version - Bill Text

	86R25023 KKR-F
	By:  Rodriguez, VanDeaver, Kacal, Lambert,	H.B.  No.  2108
	Moody
	Substitute the following for  H.B.  No.  2108:
	By:    Thompson of Harris	C.S.H.B.  No.  2108

	A BILL TO BE ENTITLED
	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)    acidified canned goods;
	(xviii)    fermented vegetable products,
	including products that are refrigerated to preserve quality;
	(xix)    frozen 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
	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 de