86R25846 KKR-F
 
  By: VanDeaver, Kacal, Rodriguez, Lambert H.B. No. 644
 
  Substitute the following for H.B. No. 644:
 
  By:  Price C.S.H.B. No. 644
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of cottage food production operations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 437.001, Health and Safety Code, is
  amended by adding Subdivision (1) and amending Subdivision (2-b) to
  read as follows:
               (1)  "Acidified canned goods" means food with a
  finished equilibrium pH value of 4.6 or less that is thermally
  processed before being placed in an airtight container.
               (2-b)  "Cottage food production operation" means an
  individual, operating out of the individual's home, who:
                     (A)  produces at the individual's home, subject to
  Section 437.0196:
                           (i)  a baked good that is not a potentially
  hazardous food, as defined by Section 437.0196;
                           (ii)  candy;
                           (iii)  coated and uncoated nuts;
                           (iv)  unroasted nut butters;
                           (v)  fruit butters;
                           (vi)  a canned jam or jelly;
                           (vii)  a fruit pie;
                           (viii)  dehydrated fruit or vegetables,
  including dried beans;
                           (ix)  popcorn and popcorn snacks;
                           (x)  cereal, including granola;
                           (xi)  dry mix;
                           (xii)  vinegar;
                           (xiii)  pickled fruit or vegetables,
  including beets and carrots, that are preserved in vinegar, brine,
  or a similar solution at an equilibrium pH value of 4.6 or less
  [pickles];
                           (xiv)  mustard;
                           (xv)  roasted coffee or dry tea; [or]
                           (xvi)  a dried herb or dried herb mix;
                           (xvii)  acidified canned goods; or
                           (xviii)  any other food that is not a
  potentially hazardous food, as defined by Section 437.0196;
                     (B)  has an annual gross income of $50,000 or less
  from the sale of food described by Paragraph (A);
                     (C)  sells the foods produced under Paragraph (A)
  only directly to consumers [at the individual's home, a farmers'
  market, a farm stand, or a municipal, county, or nonprofit fair,
  festival, or event]; and
                     (D)  delivers products to the consumer at the
  point of sale or another location designated by the consumer.
         SECTION 2.  Chapter 437, Health and Safety Code, is amended
  by adding Section 437.01951 to read as follows:
         Sec. 437.01951.  REQUIREMENTS FOR SALE OF ACIDIFIED CANNED
  GOODS. (a) A cottage food production operation that sells to
  consumers acidified canned goods shall:
               (1)  use a recipe that:
                     (A)  is from a source approved by the department;
                     (B)  has been tested by an appropriately certified
  laboratory that confirmed the finished canned good has an
  equilibrium pH value of 4.6 or less; or
                     (C)  is approved by a qualified process authority;
  or
               (2)  if the operation does not use a recipe described by
  Subdivision (1), test each batch of the recipe with a calibrated pH
  meter to confirm the finished canned good has an equilibrium pH
  value of 4.6 or less.
         (b)  The department shall:
               (1)  approve sources for recipes that a cottage food
  production operation may use to produce acidified canned goods; and
               (2)  annually post on the department's Internet website
  a list of the approved sources for recipes, appropriately certified
  laboratories, and qualified process authorities.
         (c)  For purposes of this section, "process authority" means
  a person who has expert knowledge acquired through appropriate
  training and experience in the acidification and process of
  acidified foods.
         SECTION 3.  As soon as practicable after the effective date
  of this Act:
               (1)  the executive commissioner of the Health and Human
  Services Commission shall adopt rules as necessary to implement the
  changes made by this Act; and
               (2)  the Department of State Health Services shall
  approve sources for recipes for acidified canned goods and post a
  list of sources, appropriately certified laboratories, and
  qualified process authorities on the department's Internet website
  as required by Section 437.01951, Health and Safety Code, as added
  by this Act.
         SECTION 4.  This Act takes effect September 1, 2019.