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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), (3-a), (5), and (6) to read as |
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follows: |
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(2-a) "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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food product 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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(6) "Potentially hazardous food" has the meaning |
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assigned by rules adopted by the executive commissioner under this |
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chapter. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Sections 437.022, 437.023, and 437.024 to read as |
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follows: |
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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. A cottage food production operation |
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is not eligible for registration under this section if the |
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operation produces potentially hazardous food. |
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(b) The executive commissioner shall adopt rules for |
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regulation of a cottage food production operation that does not |
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produce potentially hazardous food to protect the public health and |
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ensure a safe food supply. Rules adopted under this section must |
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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) Rules adopted under Subsection (b) may require that a |
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registered cottage food production operation comply with |
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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: |
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(1) before issuing a registration for the cottage food |
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production operation; or |
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(2) if the department has reason to believe that the |
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cottage food production operation is operating: |
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(A) in violation of this section or a rule |
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adopted under this section; or |
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(B) 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 that does not produce potentially hazardous |
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food, the operator of a cottage food production 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 food manager's |
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certification course accredited by the department. |
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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) passes any inspection required under Subsection |
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(d)(1); |
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(2) pays registration fees required by the department; |
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and |
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(3) 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. PERMIT REQUIRED FOR COTTAGE FOOD PRODUCTION |
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OPERATION. (a) Subject to this section, a cottage food production |
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operation that sells potentially hazardous food must hold a permit |
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issued by a county, a public health district, or the department as |
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described by this chapter. |
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(b) The executive commissioner shall by rule exempt a |
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cottage food production operation from the application of a |
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requirement applicable to a food service establishment under this |
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chapter, department rule, or the requirements of counties and |
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public health districts that are onerous or inapplicable to a |
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cottage food production operation and are not necessary to ensure a |
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safe public food supply. The rules must address the labeling of |
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potentially hazardous food products sold by a cottage food |
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production operation. |
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Sec. 437.024. 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 the 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. |