83R718 JSC-D
By: Rodriguez of Travis H.B. No. 970
A BILL TO BE ENTITLED
AN ACT
relating to regulation of cottage food products and cottage food
production operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.001(2-b), Health and Safety Code, is
amended to read as follows:
(2-b) "Cottage food production operation" means an
individual, operating out of the individual's home, who:
(A) produces at the individual's home a baked
good, a canned jam or jelly, dried fruit, candy, snack food, cereal,
granola, dry mix, vinegar, or a dried herb or herb mix for sale at
the individual's [person's] home or at another location;
(B) has an annual gross income of $50,000 or less
from the sale of food described by Paragraph (A); and
(C) sells the foods produced under Paragraph (A)
only directly to consumers.
SECTION 2. The heading to Section 437.0192, Health and
Safety Code, is amended to read as follows:
Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION
OPERATIONS BY LOCAL GOVERNMENT AUTHORITIES [HEALTH DEPARTMENT]
PROHIBITED; COMPLAINTS.
SECTION 3. Section 437.0192(a), Health and Safety Code, is
amended to read as follows:
(a) A local government authority, including a local health
department, may not regulate the production of food at a cottage
food production operation.
SECTION 4. Chapter 211, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS
Sec. 211.031. DEFINITIONS. In this subchapter, "cottage
food production operation" and "home" have the meanings assigned by
Section 437.001, Health and Safety Code.
Sec. 211.032. CERTAIN ZONING REGULATIONS PROHIBITED. A
municipal zoning ordinance may not prohibit the use of a home for
cottage food production operations.
Sec. 211.033. ACTION FOR NUISANCE OR OTHER TORT. This
subchapter does not affect the right of a person to bring a cause of
action under other law against an individual for nuisance or
another tort arising out of the individual's use of the individual's
home for cottage food production operations.
SECTION 5. Chapter 231, Local Government Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS
Sec. 231.281. DEFINITIONS. In this subchapter, "cottage
food production operation" and "home" have the meanings assigned by
Section 437.001, Health and Safety Code.
Sec. 231.282. CERTAIN ZONING REGULATIONS PROHIBITED. A
county zoning ordinance may not prohibit the use of a home for
cottage food production operations.
Sec. 231.283. ACTION FOR NUISANCE OR OTHER TORT. This
subchapter does not affect the right of a person to bring a cause of
action under other law against an individual for nuisance or
another tort arising out of the individual's use of the individual's
home for cottage food production operations.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.