|
|
|
|
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 Subdivisions (1) and (3-c) 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 time and |
|
temperature control for safety [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) plant-based acidified canned goods; |
|
(xviii) fermented vegetable products, |
|
including products that are refrigerated to preserve quality; |
|
(xix) frozen raw and uncut fruit or |
|
vegetables; or |
|
(xx) any other food that is not a time and |
|
temperature control for safety 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. |
|
(3-c) "Fermented vegetable product" means a low-acid |
|
vegetable food product subjected to the action of certain |
|
microorganisms that produce acid during their growth and reduce the |
|
pH value of the food to 4.6 or less. |
|
SECTION 2. Section 437.0193, Health and Safety Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) A cottage food production operation that sells frozen |
|
raw and uncut fruit or vegetables must include on the label of the |
|
frozen fruit or vegetables or on an invoice or receipt provided with |
|
the frozen fruit or vegetables when sold the following statement in |
|
at least 12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent |
|
illness from bacteria, keep this food frozen until preparing for |
|
consumption." |
|
SECTION 3. Section 437.0194, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION |
|
OPERATIONS PROHIBITED OR RESTRICTED. (a) A cottage food |
|
production operation may not sell any of the foods described in |
|
Section 437.001(2-b)(A)[:
|
|
[(1) through the Internet;
|
|
[(2) by mail order; or
|
|
[(3)] at wholesale. |
|
(b) A cottage food production operation may sell a food |
|
described by Section 437.001(2-b)(A) in this state through the |
|
Internet or by mail order only if: |
|
(1) the consumer purchases the food through the |
|
Internet or by mail order from the operation and the operator |
|
personally delivers the food to the consumer; and |
|
(2) subject to Subsection (c), before the operator |
|
accepts payment for the food, the operator provides all labeling |
|
information required by Section 437.0193(d) and department rules to |
|
the consumer by: |
|
(A) posting a legible statement on the |
|
operation's Internet website; |
|
(B) publishing the information in a catalog; or |
|
(C) otherwise communicating the information to |
|
the consumer. |
|
(c) The operator of a cottage food production operation that |
|
sells a food described by Section 437.001(2-b)(A) in this state in |
|
the manner described by Subsection (b): |
|
(1) is not required to include the address of the |
|
operation in the labeling information required under Subsection |
|
(b)(2) before the operator accepts payment for the food; and |
|
(2) shall provide the address of the operation on the |
|
label of the food in the manner required by Section 437.0193(b) |
|
after the operator accepts payment for the food. |
|
SECTION 4. Chapter 437, Health and Safety Code, is amended |
|
by adding Sections 437.01951 and 437.01952 to read as follows: |
|
Sec. 437.01951. REQUIREMENTS FOR SALE OF CERTAIN COTTAGE |
|
FOODS. (a) A cottage food production operation that sells to |
|
consumers pickled fruit or vegetables, fermented vegetable |
|
products, or plant-based acidified canned goods shall: |
|
(1) use a recipe that: |
|
(A) is from a source approved by the department |
|
under Subsection (d); |
|
(B) has been tested by an appropriately certified |
|
laboratory that confirmed the finished fruit or vegetable, product, |
|
or 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 fruit or vegetable, product, or good |
|
has an equilibrium pH value of 4.6 or less. |
|
(b) A cottage food production operation may not sell to |
|
consumers pickled fruit or vegetables, fermented vegetable |
|
products, or plant-based acidified canned goods before the operator |
|
complies with Subsection (a). |
|
(c) For each batch of pickled fruit or vegetables, fermented |
|
vegetable products, or plant-based acidified canned goods, a |
|
cottage food production operation must: |
|
(1) label the batch with a unique number; and |
|
(2) for a period of at least 12 months, keep a record |
|
that includes: |
|
(A) the batch number; |
|
(B) the recipe used by the producer; |
|
(C) the source of the recipe or testing results, |
|
as applicable; and |
|
(D) the date the batch was prepared. |
|
(d) The department shall: |
|
(1) approve sources for recipes that a cottage food |
|
production operation may use to produce pickled fruit or |
|
vegetables, fermented vegetable products, or plant-based acidified |
|
canned goods; and |
|
(2) semiannually post on the department's Internet |
|
website a list of the approved sources for recipes, appropriately |
|
certified laboratories, and qualified process authorities. |
|
(e) The department shall develop and implement a process by |
|
which an individual may request that the department approve an |
|
additional source for recipes under Subsection (d). The process |
|
must allow an individual to submit with the individual's request |
|
documentation supporting the request. |
|
(f) A source for recipes approved by the department under |
|
Subsection (d) must be scientifically validated and may be from a |
|
government entity, academic institution, state extension service, |
|
or other qualified source with: |
|
(1) expert knowledge of processing requirements for |
|
pickled fruit or vegetables, fermented vegetable products, or |
|
acidified canned goods; and |
|
(2) adequate facilities for scientifically validating |
|
recipes for pickled fruit or vegetables, fermented vegetable |
|
products, or acidified canned goods. |
|
(g) This section does not apply to pickled cucumbers. |
|
(h) For purposes of this section, "process authority" means |
|
a person who has expert knowledge acquired through appropriate |
|
training and experience in the pickling, fermenting, or |
|
acidification and processing of pickled, fermented, or acidified |
|
foods. |
|
Sec. 437.01952. REQUIREMENTS FOR SALE OF FROZEN FRUIT OR |
|
VEGETABLES. A cottage food production operation that sells to |
|
consumers frozen raw and uncut fruit or vegetables shall: |
|
(1) store and deliver the frozen fruit or vegetables |
|
at an air temperature of not more than 32 degrees Fahrenheit; and |
|
(2) label the fruit or vegetables in accordance with |
|
Section 437.0193(d). |
|
SECTION 5. Section 437.0196, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 437.0196. TIME AND TEMPERATURE CONTROL FOR SAFETY |
|
[POTENTIALLY HAZARDOUS] FOOD; PROHIBITION FOR COTTAGE FOOD |
|
PRODUCTION OPERATIONS; EXCEPTION. (a) In this section, "time and |
|
temperature control for safety ["potentially hazardous] food" |
|
means a food that requires time and temperature control for safety |
|
to limit pathogen growth or toxin production. The term includes a |
|
food that must be held under proper temperature controls, such as |
|
refrigeration, to prevent the growth of bacteria that may cause |
|
human illness. A time and temperature control for safety |
|
[potentially hazardous] food may include a food that contains |
|
protein and moisture and is neutral or slightly acidic, such as |
|
meat, poultry, fish, and shellfish products, pasteurized and |
|
unpasteurized milk and dairy products, raw seed sprouts, baked |
|
goods that require refrigeration, including cream or custard pies |
|
or cakes, and ice products. The term does not include a food that |
|
uses time and temperature control for safety [potentially
|
|
hazardous] food as ingredients if the final food product does not |
|
require time or temperature control for safety to limit pathogen |
|
growth or toxin production. |
|
(b) Except as otherwise provided by this chapter, a [A] |
|
cottage food production operation may not sell to consumers time |
|
and temperature control for safety [customers potentially
|
|
hazardous] foods. |
|
SECTION 6. 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 pickled fruit or vegetables, |
|
plant-based acidified canned goods, and fermented vegetable |
|
products 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 7. This Act takes effect September 1, 2019. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 572 passed the Senate on |
|
April 23, 2019, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendments on May 23, 2019, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 572 passed the House, with |
|
amendments, on May 21, 2019, by the following vote: Yeas 141, |
|
Nays 1, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |