Texas 2011 - 82nd Regular

Texas House Bill HB2084 Compare Versions

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Old	New	Differences
1	1	82R22304 SJM-D
2	2	By: Kolkhorst, Rodriguez, et al. H.B. No. 2084
3	3	Substitute the following for H.B. No. 2084:
4	4	By: Coleman C.S.H.B. No. 2084
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of small food production and sales
10	10	operations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 437.001, Health and Safety Code, is
13	13	amended by amending Subdivisions (1) and (3) and adding
14	14	Subdivisions (2-a), (2-b), (3-a), and (5) to read as follows:
15	15	(1) "Board" means the executive commissioner [Texas
16	16	Board of Health].
17	17	(2-a) "Baked good" includes cookies, cakes, breads,
18	18	Danish, donuts, pastries, pies, and other items that are prepared
19	19	by baking the item in an oven. A baked good does not include a
20	20	potentially hazardous food item as defined by department rule.
21	21	(2-b) "Cottage food production operation" means an
22	22	individual, operating out of the individual's home, who:
23	23	(A) produces a baked good, a canned jam or jelly,
24	24	or a dried herb or herb mix for sale at the person's home or a
25	25	farmers' market;
26	26	(B) has an annual gross income of $50,000 or less
27	27	from the sale of food described by Paragraph (A); and
28	28	(C) sells the foods produced under Paragraph (A)
29	29	only directly to consumers.
30	30	(3) "Department" means the [Texas] Department of State
31	31	Health Services.
32	32	(3-a) "Executive commissioner" means the executive
33	33	commissioner of the Health and Human Services Commission.
34	34	(5) "Home" means a primary residence that contains a
35	35	kitchen and appliances designed for common residential usage.
36	36	SECTION 2. Chapter 437, Health and Safety Code, is amended
37	37	by adding Sections 437.0191 and 437.0192 to read as follows:
38	38	Sec. 437.0191. EXEMPTION FOR COTTAGE FOOD PRODUCTION
39	39	OPERATIONS. A cottage food production operation is not a food
40	40	service establishment for purposes of this chapter.
41	41	Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION
42	42	OPERATIONS BY LOCAL HEALTH DEPARTMENT PROHIBITED; COMPLAINTS. (a)
43	43	A local health department may not regulate the production of food at
44	44	a cottage food production operation.
45	45	(b) Each local health department and the department shall
46	46	maintain a record of a complaint made by a person against a cottage
47	47	food production operation.
48	48	SECTION 3. (a) The speaker of the house of representatives
49	49	shall charge a house standing committee with subject matter
50	50	jurisdiction over food regulation to conduct an interim study on
51	51	the regulation of small food production and sales operations.
52	52	(b) The committee designated under Subsection (a) of this
53	53	section shall:
54	54	(1) study the regulation of small dairy production
55	55	operations and analyze whether:
56	56	(A) a regulatory scheme that is separate from the
57	57	regulatory scheme for dairy producers under Chapter 435, Health and
58	58	Safety Code, should be developed for small dairy production
59	59	operations; and
60	60	(B) permit fees for small dairy production
61	61	operations should be decreased;
62	62	(2) study the feasibility and desirability of
63	63	establishing a nutritional assistance program that would:
64	64	(A) allow a person receiving benefits under a
65	65	nutritional assistance program administered under Chapter 33,
66	66	Human Resources Code, to purchase at a farmers' market items
67	67	eligible under the program;
68	68	(B) provide an affordable method for enabling
69	69	individual sellers at a farmers' market to accept and process an
70	70	electronic benefits transfer as payment for food; and
71	71	(C) make available to a person receiving benefits
72	72	under a nutritional assistance program administered under Chapter
73	73	33, Human Resources Code, information regarding the program and a
74	74	list of participating farmers' markets; and
75	75	(3) in coordination with the comptroller:
76	76	(A) determine whether land is eligible, under
77	77	current law, for appraisal under Subchapter C or D, Chapter 23, Tax
78	78	Code, if the land is used to:
79	79	(i) cultivate an urban farm;
80	80	(ii) cultivate a community garden;
81	81	(iii) produce specialty crops; or
82	82	(iv) raise livestock or produce crops using
83	83	organic, sustainable, or other unconventional methods; and
84	84	(B) study issues regarding the eligibility of
85	85	land used for the purposes listed in Paragraph (A) of this
86	86	subdivision for appraisal under Subchapter C or D, Chapter 23, Tax
87	87	Code.
88	88	SECTION 4. This Act takes effect September 1, 2011.