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A BILL TO BE ENTITLED
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AN ACT
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relating to food labeling by 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 437.0193(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The executive commissioner shall adopt rules requiring |
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a cottage food production operation to label all of the foods |
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described in Section 437.001(2-b)(A) that the operation sells to |
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consumers. The label must include: |
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(1) the name, zip code, and telephone number [and |
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address] of the cottage food production operation; and |
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(2) a statement that the food is not inspected by the |
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department or a local health department. |
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SECTION 2. Section 437.0194(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A cottage food production operation may sell a food |
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described by Section 437.001(2-b)(A) in this state through the |
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Internet or by mail order only if: |
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(1) the consumer purchases the food through the |
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Internet or by mail order from the operation and the operator |
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personally delivers the food to the consumer; and |
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(2) [subject to Subsection (c),] before the operator |
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accepts payment for the food, the operator provides all labeling |
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information required by Section 437.0193(d) and department rules to |
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the consumer by: |
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(A) posting a legible statement on the |
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operation's Internet website; |
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(B) publishing the information in a catalog; or |
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(C) otherwise communicating the information to |
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the consumer. |
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SECTION 3. Section 437.0194(c), Health and Safety Code, is |
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repealed. |
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SECTION 4. (a) Not later than January 1, 2024, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement Section 437.0193(b), Health |
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and Safety Code, as amended by this Act. |
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(b) A person is not required to comply with Section |
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437.0193(b), Health and Safety Code, as amended by this Act, until |
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January 1, 2024. |
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SECTION 5. This Act takes effect September 1, 2023. |