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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of cottage food products and cottage food |
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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 amending Subdivisions (2-a) and (2-b) and adding |
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Subdivision (3-b) to read as follows: |
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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 at the individual's home, subject to |
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Section 437.0196: |
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(i) a baked good that is not a potentially |
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hazardous food, as defined by Section 437.0196; |
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(ii) candy; |
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(iii) coated and uncoated nuts; |
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(iv) unroasted nut butters; |
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(v) fruit butters; |
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(vi) [,] a canned jam or jelly; |
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(vii) a fruit pie; |
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(viii) dehydrated fruit or vegetables, |
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including dried beans; |
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(ix) popcorn and popcorn snacks; |
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(x) cereal, including granola; |
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(xi) dry mix; |
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(xii) vinegar; |
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(xiii) pickles; |
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(xiv) mustard; |
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(xv) roasted coffee or dry tea;[,] or |
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(xvi) a dried herb or dried herb mix [for
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sale at the person's home]; |
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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 at the individual's home, a farmers' |
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market, a farm stand, or a municipal, county, or nonprofit fair, |
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festival, or event; and |
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(D) delivers products to the consumer at the |
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point of sale or another location designated by the consumer. |
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(3-b) "Farm stand" means a premises owned and operated |
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by a producer of agricultural food products at which the producer or |
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other persons may offer for sale produce or foods described by |
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Subdivision (2-b)(A). |
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SECTION 2. Section 437.0191, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 437.0191. EXEMPTION FOR COTTAGE FOOD PRODUCTION |
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OPERATIONS. (a) A cottage food production operation is not a food |
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service establishment for purposes of this chapter. |
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(b) The exemption provided by Subsection (a) does not affect |
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the application of Sections 431.045, 431.0495, and 431.247 |
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authorizing the department or other local health authority to act |
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to prevent an immediate and serious threat to human life or health. |
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SECTION 3. The heading to Section 437.0192, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION |
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OPERATIONS BY LOCAL GOVERNMENT AUTHORITIES [HEALTH DEPARTMENT] |
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PROHIBITED; COMPLAINTS. |
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SECTION 4. Section 437.0192(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A local government authority, including a local health |
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department, may not regulate the production of food at a cottage |
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food production operation. |
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SECTION 5. Sections 437.0193 and 437.0194, Health and |
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Safety Code, are amended to read as follows: |
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Sec. 437.0193. PACKAGING AND LABELING REQUIREMENTS FOR |
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COTTAGE FOOD PRODUCTION OPERATIONS. (a) Food described by |
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Section 437.001(2-b)(A) sold by a cottage food production operation |
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must be packaged in a manner that prevents product contamination, |
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except that a food item is not required to be packaged if it is too |
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large or bulky for conventional packaging. |
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(b) The executive commissioner shall adopt rules requiring a |
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cottage food production operation to label all of the foods |
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described in Section 437.001(2-b)(A) that the operation sells to |
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consumers. The label must include: |
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(1) the name and address of the cottage food |
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production operation; and |
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(2) a statement that the food is not inspected by the |
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department or a local health department. |
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(c) For foods not required to be packaged under Subsection |
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(a), the information required to be included on the label under |
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Subsection (b) must be provided to the consumer on an invoice or |
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receipt. |
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Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION |
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OPERATIONS [THROUGH THE INTERNET] PROHIBITED. A cottage food |
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production operation may not sell any of the foods described in |
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Section 437.001(2-b)(A): |
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(1) through the Internet; |
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(2) by mail order; or |
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(3) at wholesale. |
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SECTION 6. Chapter 437, Health and Safety Code, is amended |
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by adding Sections 437.0195 and 437.0196 to read as follows: |
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Sec. 437.0195. PRODUCTION OF COTTAGE FOOD PRODUCTS. (a) An |
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individual who operates a cottage food production operation must |
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have successfully completed a basic food safety education or |
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training program for food handlers accredited under Subchapter D, |
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Chapter 438. |
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(b) An individual may not process, prepare, package, or |
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handle cottage food products unless the individual: |
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(1) meets the requirements of Subsection (a); |
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(2) is directly supervised by an individual described |
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by Subsection (a); or |
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(3) is a member of the household in which the cottage |
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food products are produced. |
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Sec. 437.0196. POTENTIALLY HAZARDOUS FOOD; PROHIBITION FOR |
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COTTAGE FOOD PRODUCTION OPERATIONS. (a) In this section, |
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"potentially hazardous food" means a food that requires time and |
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temperature control for safety to limit pathogen growth or toxin |
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production. The term includes a food that must be held under proper |
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temperature controls, such as refrigeration, to prevent the growth |
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of bacteria that may cause human illness. A potentially hazardous |
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food may include a food that contains protein and moisture and is |
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neutral or slightly acidic, such as meat, poultry, fish, and |
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shellfish products, pasteurized and unpasteurized milk and dairy |
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products, raw seed sprouts, baked goods that require refrigeration, |
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including cream or custard pies or cakes, and ice products. The |
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term does not include a food that uses potentially hazardous food as |
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ingredients if the final food product does not require time or |
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temperature control for safety to limit pathogen growth or toxin |
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production. |
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(b) A cottage food production operation may not sell to |
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customers potentially hazardous foods. |
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SECTION 7. Chapter 211, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS |
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Sec. 211.031. DEFINITIONS. In this subchapter, "cottage |
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food production operation" and "home" have the meanings assigned by |
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Section 437.001, Health and Safety Code. |
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Sec. 211.032. CERTAIN ZONING REGULATIONS PROHIBITED. A |
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municipal zoning ordinance may not prohibit the use of a home for |
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cottage food production operations. |
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Sec. 211.033. ACTION FOR NUISANCE OR OTHER TORT. This |
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subchapter does not affect the right of a person to bring a cause of |
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action under other law against an individual for nuisance or |
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another tort arising out of the individual's use of the individual's |
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home for cottage food production operations. |
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SECTION 8. Chapter 231, Local Government Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS |
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Sec. 231.281. DEFINITIONS. In this subchapter, "cottage |
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food production operation" and "home" have the meanings assigned by |
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Section 437.001, Health and Safety Code. |
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Sec. 231.282. CERTAIN ZONING REGULATIONS PROHIBITED. A |
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county zoning ordinance may not prohibit the use of a home for |
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cottage food production operations. |
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Sec. 231.283. ACTION FOR NUISANCE OR OTHER TORT. This |
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subchapter does not affect the right of a person to bring a cause of |
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action under other law against an individual for nuisance or |
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another tort arising out of the individual's use of the individual's |
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home for cottage food production operations. |
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SECTION 9. Notwithstanding Section 437.0195, Health and |
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Safety Code, as added by this Act, an individual operating a cottage |
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food production operation is not required to complete a basic food |
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safety education or training program for food handlers before |
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January 1, 2014. |
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SECTION 10. This Act takes effect September 1, 2013. |