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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of a cottage food production operation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.001(2-b), Health and Safety Code, is |
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amended 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 food, as defined by Section |
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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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(xiv) mustard; |
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(xv) roasted coffee or dry tea; |
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(xvi) a dried herb or dried herb mix; |
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(xvii) plant-based acidified canned goods; |
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(xviii) fermented vegetable products, |
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including products that are refrigerated to preserve quality; |
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(xix) frozen raw and uncut fruit or |
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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 |
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less from the sale of food described by Paragraph (A); |
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[(C)] sells the foods produced under Paragraph |
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(A) only directly to consumers; and |
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(C) [(D)] delivers products to the consumer at |
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the point of sale or another location designated by the consumer. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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the change in law made by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |