Amend CSSB 81 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 437.001, Health and Safety Code, is amended by amending Subdivisions (1) and (3) and adding Subdivisions (2-a), (2-b), (3-a), and (5) to read as follows:
(1)  "Board" means the executive commissioner [Texas Board of Health].
(2-a)  "Baked good" includes cookies, cakes, breads, Danish, donuts, pastries, pies, and other items that are prepared by baking the item in an oven. A baked good does not include a potentially hazardous food item as defined by department rule.
(2-b)  "Cottage food production operation" means an individual, operating out of the individual's home, who:
(A)  produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the person's home or a farmers' market;
(B)  has an annual gross income of $50,000 or less from the sale of food described by Paragraph (A); and
(C)  sells the foods produced under Paragraph (A) only directly to consumers.
(3)  "Department" means the [Texas] Department of State Health Services.
(3-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(5)  "Home" means a primary residence that contains a kitchen and appliances designed for common residential usage.
SECTION ____.  Chapter 437, Health and Safety Code, is amended by adding Sections 437.0191 and 437.0192 to read as follows:
Sec. 437.0191.  EXEMPTION FOR COTTAGE FOOD PRODUCTION OPERATIONS. A cottage food production operation is not a food service establishment for purposes of this chapter.
Sec. 437.0192.  REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS BY LOCAL HEALTH DEPARTMENT PROHIBITED; COMPLAINTS. (a) A local health department may not regulate the production of food at a cottage food production operation.
(b)  Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation.