81R29127 CS-D
By: Gattis, Vaught, Riddle H.B. No. 3282
Substitute the following for H.B. No. 3282:
By: McReynolds C.S.H.B. No. 3282
A BILL TO BE ENTITLED
AN ACT
relating to 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 (2-a), (2-b), (3-a), and (5) to read
as follows:
(2-a) "Baked good" includes cookies, cakes, breads,
Danishes, donuts, pastries, pies, and other items that are prepared
by baking in an oven. A baked good does not include a potentially
hazardous food item as defined by department rule.
(2-b) "Cottage food production operation" means an
individual, operating out of the individual's home, who produces a
baked good for sale.
(3-a) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Home" means a primary residence that is occupied
by the individual who operates a cottage food production operation
and that contains a kitchen and appliances designed for common
residential usage.
SECTION 2. Chapter 437, Health and Safety Code, is amended
by adding Sections 437.0195, 437.022, and 437.023 to read as
follows:
Sec. 437.0195. EXEMPTION FOR CERTAIN BAKED GOODS. A
kitchen in a private home that produces baked goods for sale or
service at a function, such as a religious, charitable, or
nonprofit organization's bake sale, is not a food service
establishment or cottage food production operation for purposes of
this chapter.
Sec. 437.022. REGISTRATION OF COTTAGE FOOD PRODUCTION
OPERATIONS. (a) A cottage food production operation that is
registered under this section is not a food service establishment
for purposes of this chapter.
(b) The executive commissioner by rule shall adopt minimum
standards for a cottage food production operation to protect the
public health and ensure a safe food supply. Minimum standards
adopted under this section may not be so onerous as to make the
establishment of a cottage food production operation impractical.
The minimum standards must provide for:
(1) the registration of cottage food production
operations under this section; and
(2) the labeling of products from a cottage food
production operation as "Home Produced."
(c) Minimum standards adopted under Subsection (b) may
require that a registered cottage food production operation comply
with provisions of this chapter that the executive commissioner
determines are appropriate and consistent with this section.
(d) The executive commissioner by rule may require an
inspection of a cottage food production operation if the department
has reason to believe that the cottage food production operation is
operating:
(1) in violation of this section or a rule adopted
under this section; or
(2) in an unsanitary manner.
(e) The executive commissioner may not require as a
condition of registration under this section:
(1) the use of commercial grade surfaces;
(2) the use of commercial grade appliances;
(3) a separate kitchen for conducting the cottage food
production operation; or
(4) the submission of plans and specifications before
the construction or remodel of a cottage food production operation.
(f) Before beginning operations as a cottage food
production operation, the operator of the cottage food production
operation must:
(1) register with the department as a cottage food
production operation; and
(2) successfully complete a basic food safety
education or training program for food handlers accredited by the
department under Chapter 438.
(g) The department shall issue a registration to an
applicant for a cottage food production operation if the applicant:
(1) pays a registration fee in an amount not to exceed
$50, as required by the department; and
(2) meets the other requirements of this section.
(h) A local health department:
(1) may not regulate the production of food at a
cottage food production operation conducting business in
compliance with this section that does not offer products to the
public for consumption on the premises of the operation; and
(2) may investigate a cottage food production
operation as a part of an investigation into the source of a
food-borne illness outbreak.
Sec. 437.023. USE OF PRODUCT OF COTTAGE FOOD PRODUCTION
OPERATION. A food service establishment, other than a cottage food
production operation, may not use a product produced in a cottage
food production operation as an ingredient in any food that is
prepared by the food service establishment and offered by the
establishment to the public for consumption.
SECTION 3. This Act takes effect September 1, 2009.