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House Bill 970 |
House Author: Rodriguez, Eddie et al. |
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Effective: 9-1-13 |
Senate Sponsor: Deuell et al. |
House Bill 970 amends the Health and Safety Code to redefine and expand the types of products included within the meaning of "cottage food production operation." The bill prohibits a cottage food production operation from selling potentially hazardous food to customers and specifies the types of food considered to be potentially hazardous. The bill clarifies the authority of the Department of State Health Services or other local health authority to act to prevent an immediate and serious threat to human life or health for purposes of provisions regulating cottage food production operations and prohibits a local government authority from regulating the production of food at such an operation. The bill establishes packaging requirements for foods sold by a cottage food production operation and training requirements for a person operating such an operation or processing, preparing, packaging, or handling cottage food products. The bill prohibits a cottage food production operation from selling any food items by mail order or at wholesale.
House Bill 970 amends the Local Government Code to prohibit a municipal zoning ordinance and a county zoning ordinance from prohibiting the use of a home for cottage food production operations, but specifies that the prohibition does not affect the right of a person to bring a cause of action for nuisance or other tort against an individual who uses the individual's home for cottage food production operations.