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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of small food production and sales |
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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 amending Subdivisions (1) and (3) and adding |
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Subdivisions (2-a), (2-b), (3-a), and (5) to read as follows: |
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(1) "Board" means the executive commissioner [Texas
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Board of Health]. |
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(2-a) "Baked good" includes cookies, cakes, breads, |
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Danish, donuts, pastries, pies, and other items that are prepared |
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by baking the item in an oven. A baked good does not include a |
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potentially 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: |
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(A) produces a baked good, a canned jam or jelly, |
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or a dried herb or herb mix for sale at the person's home or a |
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farmers' market; |
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(B) has an annual gross income of $50,000 or less |
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from the sale of food described by Paragraph (A); and |
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(C) sells the foods produced under Paragraph (A) |
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only directly to consumers. |
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(3) "Department" means the [Texas] Department of State |
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Health Services. |
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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 contains a |
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kitchen and appliances designed for common residential usage. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Sections 437.0191 and 437.0192 to read as follows: |
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Sec. 437.0191. EXEMPTION FOR COTTAGE FOOD PRODUCTION |
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OPERATIONS. A cottage food production operation is not a food |
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service establishment for purposes of this chapter. |
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Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION |
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OPERATIONS BY LOCAL HEALTH DEPARTMENT PROHIBITED; COMPLAINTS. (a) |
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A local health department may not regulate the production of food at |
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a cottage food production operation. |
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(b) Each local health department and the department shall |
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maintain a record of a complaint made by a person against a cottage |
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food production operation. |
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SECTION 3. (a) The speaker of the house of representatives |
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shall charge a house standing committee with subject matter |
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jurisdiction over food regulation to conduct an interim study on |
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the regulation of small food production and sales operations. |
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(b) The committee designated under Subsection (a) of this |
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section shall: |
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(1) study the regulation of small dairy production |
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operations and analyze whether: |
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(A) a regulatory scheme that is separate from the |
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regulatory scheme for dairy producers under Chapter 435, Health and |
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Safety Code, should be developed for small dairy production |
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operations; and |
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(B) permit fees for small dairy production |
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operations should be decreased; |
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(2) study the feasibility and desirability of |
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establishing a nutritional assistance program that would: |
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(A) allow a person receiving benefits under a |
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nutritional assistance program administered under Chapter 33, |
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Human Resources Code, to purchase at a farmers' market items |
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eligible under the program; |
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(B) provide an affordable method for enabling |
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individual sellers at a farmers' market to accept and process an |
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electronic benefits transfer as payment for food; and |
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(C) make available to a person receiving benefits |
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under a nutritional assistance program administered under Chapter |
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33, Human Resources Code, information regarding the program and a |
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list of participating farmers' markets; and |
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(3) in coordination with the comptroller: |
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(A) determine whether land is eligible, under |
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current law, for appraisal under Subchapter C or D, Chapter 23, Tax |
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Code, if the land is used to: |
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(i) cultivate an urban farm; |
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(ii) cultivate a community garden; |
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(iii) produce specialty crops; or |
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(iv) raise livestock or produce crops using |
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organic, sustainable, or other unconventional methods; and |
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(B) study issues regarding the eligibility of |
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land used for the purposes listed in Paragraph (A) of this |
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subdivision for appraisal under Subchapter C or D, Chapter 23, Tax |
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Code. |
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SECTION 4. This Act takes effect September 1, 2011. |