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A BILL TO BE ENTITLED
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AN ACT
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relating to cottage food production operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.001, Health and Safety Code, is |
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amended by adding Subdivisions (2-a), (2-b), (3-a), and (5) to read |
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as follows: |
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(2-a) "Baked good" includes cookies, cakes, breads, |
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Danishes, donuts, pastries, pies, and other items that are prepared |
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by baking in an oven. A baked good does not include a potentially |
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hazardous food item as defined by department rule. |
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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 produces a |
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baked good for sale. |
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(3-a) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(5) "Home" means a primary residence that is occupied |
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by the individual who operates a cottage food production operation |
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and that contains a kitchen and appliances designed for common |
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residential usage. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Sections 437.0195, 437.022, and 437.023 to read as |
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follows: |
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Sec. 437.0195. EXEMPTION FOR CERTAIN BAKED GOODS. A |
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kitchen in a private home that produces baked goods for sale or |
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service at a function, such as a religious, charitable, or |
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nonprofit organization's bake sale, is not a food service |
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establishment or cottage food production operation for purposes of |
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this chapter. |
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Sec. 437.022. REGISTRATION OF COTTAGE FOOD PRODUCTION |
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OPERATIONS. (a) A cottage food production operation that is |
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registered under this section is not a food service establishment |
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for purposes of this chapter. |
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(b) The executive commissioner by rule shall adopt minimum |
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standards for a cottage food production operation to protect the |
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public health and ensure a safe food supply. Minimum standards |
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adopted under this section may not be so onerous as to make the |
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establishment of a cottage food production operation impractical. |
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The minimum standards must provide for: |
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(1) the registration of cottage food production |
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operations under this section; and |
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(2) the labeling of products from a cottage food |
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production operation as "Home Produced." |
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(c) Minimum standards adopted under Subsection (b) may |
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require that a registered cottage food production operation comply |
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with provisions of this chapter that the executive commissioner |
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determines are appropriate and consistent with this section. |
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(d) The executive commissioner by rule may require an |
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inspection of a cottage food production operation if the department |
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has reason to believe that the cottage food production operation is |
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operating: |
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(1) in violation of this section or a rule adopted |
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under this section; or |
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(2) in an unsanitary manner. |
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(e) The executive commissioner may not require as a |
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condition of registration under this section: |
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(1) the use of commercial grade surfaces; |
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(2) the use of commercial grade appliances; |
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(3) a separate kitchen for conducting the cottage food |
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production operation; or |
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(4) the submission of plans and specifications before |
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the construction or remodel of a cottage food production operation. |
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(f) Before beginning operations as a cottage food |
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production operation, the operator of the cottage food production |
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operation must: |
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(1) register with the department as a cottage food |
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production operation; and |
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(2) successfully complete a basic food safety |
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education or training program for food handlers accredited by the |
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department under Chapter 438. |
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(g) The department shall issue a registration to an |
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applicant for a cottage food production operation if the applicant: |
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(1) pays a registration fee in an amount not to exceed |
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$50, as required by the department; and |
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(2) meets the other requirements of this section. |
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(h) A local health department: |
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(1) may not regulate the production of food at a |
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cottage food production operation conducting business in |
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compliance with this section that does not offer products to the |
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public for consumption on the premises of the operation; and |
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(2) may investigate a cottage food production |
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operation as a part of an investigation into the source of a |
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food-borne illness outbreak. |
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Sec. 437.023. USE OF PRODUCT OF COTTAGE FOOD PRODUCTION |
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OPERATION. A food service establishment, other than a cottage food |
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production operation, may not use a product produced in a cottage |
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food production operation as an ingredient in any food that is |
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prepared by the food service establishment and offered by the |
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establishment to the public for consumption. |
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SECTION 3. This Act takes effect September 1, 2009. |