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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 amending Subdivision (2-b) and adding Subdivision (3-c) |
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to read as follows: |
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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 time and |
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temperature control for safety [potentially hazardous] food, as |
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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 pickled beets and carrots [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) canned goods that are acidified; |
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(xviii) fermented products; |
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(xix) frozen fruit or vegetables; or |
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(xx) any other food that is not a time and |
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temperature control for safety food, as defined by Section |
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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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(3-c) "Fermented product" means a low-acid food product |
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subjected to the action of certain microorganisms that produce acid |
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during their growth and reduce the pH value of the food to 4.6 or |
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less. |
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SECTION 2. Section 437.0193, Health and Safety Code, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) Honey, honey spreads, and other foods that include honey |
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in the product name must be labeled in accordance with Subchapter E, |
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Chapter 131, Agriculture Code. |
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(e) A cottage food production operation that sells a food |
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described by Section 437.001(2-b)(A) that is a time and temperature |
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control for safety food, as defined by Section 437.0196, must |
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include on the label of the finished food product or on an invoice |
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or receipt provided with the product when sold the following |
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statement in at least 12-point font: "SAFE HANDLING INSTRUCTIONS: |
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To prevent illness from bacteria, keep this food refrigerated or |
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frozen." |
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SECTION 3. Section 437.0194, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION |
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OPERATIONS PROHIBITED OR RESTRICTED. (a) 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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(b) An individual who operates a cottage food production |
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operation may sell a food described by Section 437.001(2-b)(A) |
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through the Internet or by mail order or use a shipping or delivery |
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service for delivery of the food only if: |
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(1) the individual personally sells the food to the |
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consumer and arranges delivery of the food through a delivery or |
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shipping service; or |
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(2) the consumer purchases the food through the |
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Internet or by mail order from the individual and the individual |
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personally delivers the food to the consumer. |
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SECTION 4. Chapter 437, Health and Safety Code, is amended |
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by adding Sections 437.01951 and 437.01952 to read as follows: |
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Sec. 437.01951. REQUIREMENTS FOR SALE OF FERMENTED PRODUCTS |
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AND ACIDIFIED CANNED GOODS. (a) A cottage food production |
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operation that sells to consumers fermented products or canned |
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goods that are acidified 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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or |
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(B) has been tested by an appropriately certified |
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laboratory and the laboratory confirmed that the finished product |
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or good has a pH value of 4.6 or less; or |
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(2) annually test the first batch of each recipe with a |
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calibrated pH meter to confirm that the finished product or good has |
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a pH 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 fermented products or |
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canned goods that are acidified; and |
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(2) semiannually post on the department's Internet |
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website a list of the approved sources for recipes. |
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(c) A cottage food production operation may not sell to |
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consumers fermented products or canned goods that are acidified |
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before the operator complies with Subsection (a). |
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Sec. 437.01952. REQUIREMENTS FOR SALE OF TIME AND |
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TEMPERATURE CONTROL FOR SAFETY FOOD PRODUCTS. A cottage food |
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production operation that sells to consumers a food described by |
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Section 437.001(2-b)(A) that is a time and temperature control for |
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safety food shall: |
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(1) store the finished food product at an air |
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temperature of not more than 40 degrees Fahrenheit; and |
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(2) label the finished food product in accordance with |
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Section 437.0193(e). |
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SECTION 5. Section 437.0196, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 437.0196. TIME AND TEMPERATURE CONTROL FOR SAFETY |
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[POTENTIALLY HAZARDOUS] FOOD; PROHIBITION FOR COTTAGE FOOD |
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PRODUCTION OPERATIONS; EXCEPTION. (a) In this section, "time and |
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temperature control for safety ["potentially hazardous] food" |
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means a food that requires time and temperature control for safety |
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to limit pathogen growth or toxin production. The term includes a |
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food that must be held under proper temperature controls, such as |
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refrigeration, to prevent the growth of bacteria that may cause |
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human illness. A time and temperature control for safety |
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[potentially hazardous] food may include a food that contains |
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protein and moisture and is neutral or slightly acidic, such as |
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meat, poultry, fish, and shellfish products, pasteurized and |
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unpasteurized milk and dairy products, raw seed sprouts, baked |
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goods that require refrigeration, including cream or custard pies |
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or cakes, and ice products. The term does not include a food that |
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uses time and temperature control for safety [potentially
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hazardous] food as ingredients if the final food product does not |
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require time or temperature control for safety to limit pathogen |
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growth or toxin production. |
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(b) Except as otherwise provided by this chapter, a [A] |
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cottage food production operation may not sell to consumers time |
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and temperature control for safety [customers potentially
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hazardous] foods. |
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SECTION 6. 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 fermented products and acidified |
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canned goods and post a list of sources on the department's Internet |
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website as required by Section 437.01951, Health and Safety Code, |
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as added by this Act. |
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SECTION 7. This Act takes effect September 1, 2019. |