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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of 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 Subdivision (1) and amending Subdivision (2-b) to |
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read as follows: |
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(1) "Acidified canned goods" means food with a |
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finished equilibrium pH value of 4.6 or less that is thermally |
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processed before being placed in an airtight container. |
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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) pickled fruit or vegetables, |
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including beets and carrots, that are preserved in vinegar, brine, |
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or a similar solution at an equilibrium pH value of 4.6 or less |
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[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; |
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(xvii) acidified canned goods; or |
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(xviii) any other food that is not a |
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potentially hazardous food, as defined by Section 437.0196; |
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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); |
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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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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.01951 to read as follows: |
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Sec. 437.01951. REQUIREMENTS FOR SALE OF ACIDIFIED CANNED |
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GOODS. (a) A cottage food production operation that sells to |
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consumers acidified canned goods shall: |
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(1) use a recipe that: |
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(A) is from a source approved by the department; |
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(B) has been tested by an appropriately certified |
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laboratory that confirmed the finished canned good has an |
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equilibrium pH value of 4.6 or less; or |
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(C) is approved by a qualified process authority; |
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or |
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(2) if the operation does not use a recipe described by |
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Subdivision (1), test each batch of the recipe with a calibrated pH |
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meter to confirm the finished canned good has an equilibrium pH |
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value of 4.6 or less. |
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(b) The department shall: |
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(1) approve sources for recipes that a cottage food |
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production operation may use to produce acidified canned goods; and |
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(2) annually post on the department's Internet website |
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a list of the approved sources for recipes, appropriately certified |
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laboratories, and qualified process authorities. |
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(c) For purposes of this section, "process authority" means |
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a person who has expert knowledge acquired through appropriate |
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training and experience in the acidification and process of |
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acidified foods. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act: |
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(1) the executive commissioner of the Health and Human |
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Services Commission shall adopt rules as necessary to implement the |
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changes made by this Act; and |
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(2) the Department of State Health Services shall |
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approve sources for recipes for acidified canned goods and post a |
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list of sources, appropriately certified laboratories, and |
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qualified process authorities on the department's Internet website |
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as required by Section 437.01951, Health and Safety Code, as added |
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by this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |