Amend CSHB 492 as follows:
      (1)  Strike Section 1 and substitute the following:
      SECTION 1.  Section 431.002(23), Health and Safety Code, is
amended to read as follows:
      (23)  "Manufacture" means:
            (A)  the process of combining or purifying food or
<and> packaging food for sale to a person <consumer> at wholesale
or retail, and includes repackaging or labeling of any food;
            (B)  the process of preparing, propagating,
compounding, processing, packaging, holding, repackaging, labeling,
testing, or quality control of a drug or drug product, but does not
include compounding that is done within the practice of pharmacy
and pursuant to a prescription from a practitioner for a patient;
            (C)  the process of preparing, fabricating, assembling,
processing, packing, repacking, labeling, or relabeling a device;
or
            (D)  the making of any cosmetic product by chemical,
physical, biological, or other procedures, including manipulation,
sampling, testing, or control procedures applied to the product.
      (2)  On page 1, between lines 20 and 21, insert the following
and renumber the subsequent sections appropriately:
      SECTION 2.  Sections 431.221(3) and (4), Health and Safety
Code, are amended to read as follows:
      (3)  "Food wholesaler" means a person who distributes food
for resale, either through a retail outlet owned by that person or
through sales to another person.  The term "food wholesaler" shall
not include:
            (A)  a commissary which distributes food primarily
intended for immediate consumption on the premises of a retail
outlet under common ownership; or
            (B)  an establishment engaged solely in the
distribution of <alcoholic or> nonalcoholic beverages in sealed
containers.
            <(4)  "Manufacture" means the process of combining or
purifying food and packaging food for sale to a consumer at
wholesale or retail.>
      SECTION 3.  Section 431.2211, Health and Safety Code, is
amended to read as follows:
      Sec. 431.2211.  APPLICATION OF SUBCHAPTER.  This subchapter
does not apply to:
            (1)  a person, firm, or corporation that harvests,
packages, washes, or ships raw fruits or vegetables; <or>
            (2)  an individual who sells prepackaged nonperishable
foods, including dietary supplements, from a private home; or
            (3)  a person engaged solely in the distribution of
alcoholic beverages in sealed containers by holders of licenses or
permits issued under Chapters 19, 20, 21, 64, or 65, Alcoholic
Beverage Code.