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A BILL TO BE ENTITLED
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AN ACT
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relating to the delivery of cottage food by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.001(2-b), Health and Safety Code, is |
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amended to read as follows: |
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(2-b) "Cottage food production operation" means an |
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individual, operating out of the individual's home, who: |
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(A) produces at the individual's home, subject to |
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Section 437.0196: |
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(i) a baked good that is not a time and |
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temperature control for safety food, as defined by Section |
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437.0196; |
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(ii) candy; |
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(iii) coated and uncoated nuts; |
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(iv) unroasted nut butters; |
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(v) fruit butters; |
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(vi) a canned jam or jelly; |
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(vii) a fruit pie; |
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(viii) dehydrated fruit or vegetables, |
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including dried beans; |
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(ix) popcorn and popcorn snacks; |
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(x) cereal, including granola; |
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(xi) dry mix; |
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(xii) vinegar; |
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(xiii) pickled fruit or vegetables, |
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including beets and carrots, that are preserved in vinegar, brine, |
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or a similar solution at an equilibrium pH value of 4.6 or less; |
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(xiv) mustard; |
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(xv) roasted coffee or dry tea; |
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(xvi) a dried herb or dried herb mix; |
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(xvii) plant-based acidified canned goods; |
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(xviii) fermented vegetable products, |
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including products that are refrigerated to preserve quality; |
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(xix) frozen raw and uncut fruit or |
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vegetables; or |
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(xx) any other food that is not a time and |
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temperature control for safety food, as defined by Section |
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437.0196; |
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(B) has an annual gross income of $50,000 or less |
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from the sale of food described by Paragraph (A); |
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(C) sells the foods produced under Paragraph (A) |
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only directly to consumers; and |
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(D) delivers products to the consumer: |
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(i) at the point of sale or another location |
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designated by the consumer; or |
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(ii) by mail. |
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SECTION 2. Section 437.0194(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A cottage food production operation may sell a food |
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described by Section 437.001(2-b)(A) in this state through the |
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Internet or by mail order only if[: |
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[(1) the consumer purchases the food through the |
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Internet or by mail order from the operation and the operator |
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personally delivers the food to the consumer; and |
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[(2)] subject to Subsection (c), before the operator |
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accepts payment for the food, the operator provides all labeling |
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information required by Section 437.0193(d) and department rules to |
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the consumer by: |
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(1) [(A)] posting a legible statement on the |
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operation's Internet website; |
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(2) [(B)] publishing the information in a catalog; or |
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(3) [(C)] otherwise communicating the information to |
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the consumer. |
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SECTION 3. This Act takes effect September 1, 2023. |