Texas 2013 - 83rd Regular

Texas House Bill HB970 Compare Versions

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1	1	By: Rodriguez of Travis, et al. H.B. No. 970
2	2	(Senate Sponsor - Deuell)
3	3	(In the Senate - Received from the House May 6, 2013;
4	4	May 7, 2013, read first time and referred to Committee on Health
5	5	and Human Services; May 15, 2013, reported favorably by the
6	6	following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to regulation of cottage food products and cottage food
12	12	production operations.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 437.001, Health and Safety Code, is
15	15	amended by amending Subdivisions (2-a) and (2-b) and adding
16	16	Subdivision (3-b) to read as follows:
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 at the individual's home, subject to
24	24	Section 437.0196:
25	25	(i) a baked good that is not a potentially
26	26	hazardous food, as defined by Section 437.0196;
27	27	(ii) candy;
28	28	(iii) coated and uncoated nuts;
29	29	(iv) unroasted nut butters;
30	30	(v) fruit butters;
31	31	(vi) [,] a canned jam or jelly;
32	32	(vii) a fruit pie;
33	33	(viii) dehydrated fruit or vegetables,
34	34	including dried beans;
35	35	(ix) popcorn and popcorn snacks;
36	36	(x) cereal, including granola;
37	37	(xi) dry mix;
38	38	(xii) vinegar;
39	39	(xiii) pickles;
40	40	(xiv) mustard;
41	41	(xv) roasted coffee or dry tea;[,] or
42	42	(xvi) a dried herb or dried herb mix [for
43	43	sale at the person's home];
44	44	(B) has an annual gross income of $50,000 or less
45	45	from the sale of food described by Paragraph (A); [and]
46	46	(C) sells the foods produced under Paragraph (A)
47	47	only directly to consumers at the individual's home, a farmers'
48	48	market, a farm stand, or a municipal, county, or nonprofit fair,
49	49	festival, or event; and
50	50	(D) delivers products to the consumer at the
51	51	point of sale or another location designated by the consumer.
52	52	(3-b) "Farm stand" means a premises owned and operated
53	53	by a producer of agricultural food products at which the producer or
54	54	other persons may offer for sale produce or foods described by
55	55	Subdivision (2-b)(A).
56	56	SECTION 2. Section 437.0191, Health and Safety Code, is
57	57	amended to read as follows:
58	58	Sec. 437.0191. EXEMPTION FOR COTTAGE FOOD PRODUCTION
59	59	OPERATIONS. (a) A cottage food production operation is not a food
60	60	service establishment for purposes of this chapter.
61	61	(b) The exemption provided by Subsection (a) does not affect
62	62	the application of Sections 431.045, 431.0495, and 431.247
63	63	authorizing the department or other local health authority to act
64	64	to prevent an immediate and serious threat to human life or health.
65	65	SECTION 3. The heading to Section 437.0192, Health and
66	66	Safety Code, is amended to read as follows:
67	67	Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION
68	68	OPERATIONS BY LOCAL GOVERNMENT AUTHORITIES [HEALTH DEPARTMENT]
69	69	PROHIBITED; COMPLAINTS.
70	70	SECTION 4. Section 437.0192(a), Health and Safety Code, is
71	71	amended to read as follows:
72	72	(a) A local government authority, including a local health
73	73	department, may not regulate the production of food at a cottage
74	74	food production operation.
75	75	SECTION 5. Sections 437.0193 and 437.0194, Health and
76	76	Safety Code, are amended to read as follows:
77	77	Sec. 437.0193. PACKAGING AND LABELING REQUIREMENTS FOR
78	78	COTTAGE FOOD PRODUCTION OPERATIONS. (a) Food described by
79	79	Section 437.001(2-b)(A) sold by a cottage food production operation
80	80	must be packaged in a manner that prevents product contamination,
81	81	except that a food item is not required to be packaged if it is too
82	82	large or bulky for conventional packaging.
83	83	(b) The executive commissioner shall adopt rules requiring a
84	84	cottage food production operation to label all of the foods
85	85	described in Section 437.001(2-b)(A) that the operation sells to
86	86	consumers. The label must include:
87	87	(1) the name and address of the cottage food
88	88	production operation; and
89	89	(2) a statement that the food is not inspected by the
90	90	department or a local health department.
91	91	(c) For foods not required to be packaged under Subsection
92	92	(a), the information required to be included on the label under
93	93	Subsection (b) must be provided to the consumer on an invoice or
94	94	receipt.
95	95	Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION
96	96	OPERATIONS [THROUGH THE INTERNET] PROHIBITED. A cottage food
97	97	production operation may not sell any of the foods described in
98	98	Section 437.001(2-b)(A):
99	99	(1) through the Internet;
100	100	(2) by mail order; or
101	101	(3) at wholesale.
102	102	SECTION 6. Chapter 437, Health and Safety Code, is amended
103	103	by adding Sections 437.0195 and 437.0196 to read as follows:
104	104	Sec. 437.0195. PRODUCTION OF COTTAGE FOOD PRODUCTS. (a) An
105	105	individual who operates a cottage food production operation must
106	106	have successfully completed a basic food safety education or
107	107	training program for food handlers accredited under Subchapter D,
108	108	Chapter 438.
109	109	(b) An individual may not process, prepare, package, or
110	110	handle cottage food products unless the individual:
111	111	(1) meets the requirements of Subsection (a);
112	112	(2) is directly supervised by an individual described
113	113	by Subsection (a); or
114	114	(3) is a member of the household in which the cottage
115	115	food products are produced.
116	116	Sec. 437.0196. POTENTIALLY HAZARDOUS FOOD; PROHIBITION FOR
117	117	COTTAGE FOOD PRODUCTION OPERATIONS. (a) In this section,
118	118	"potentially hazardous food" means a food that requires time and
119	119	temperature control for safety to limit pathogen growth or toxin
120	120	production. The term includes a food that must be held under proper
121	121	temperature controls, such as refrigeration, to prevent the growth
122	122	of bacteria that may cause human illness. A potentially hazardous
123	123	food may include a food that contains protein and moisture and is
124	124	neutral or slightly acidic, such as meat, poultry, fish, and
125	125	shellfish products, pasteurized and unpasteurized milk and dairy
126	126	products, raw seed sprouts, baked goods that require refrigeration,
127	127	including cream or custard pies or cakes, and ice products. The
128	128	term does not include a food that uses potentially hazardous food as
129	129	ingredients if the final food product does not require time or
130	130	temperature control for safety to limit pathogen growth or toxin
131	131	production.
132	132	(b) A cottage food production operation may not sell to
133	133	customers potentially hazardous foods.
134	134	SECTION 7. Chapter 211, Local Government Code, is amended
135	135	by adding Subchapter C to read as follows:
136	136	SUBCHAPTER C. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS
137	137	Sec. 211.031. DEFINITIONS. In this subchapter, "cottage
138	138	food production operation" and "home" have the meanings assigned by
139	139	Section 437.001, Health and Safety Code.
140	140	Sec. 211.032. CERTAIN ZONING REGULATIONS PROHIBITED. A
141	141	municipal zoning ordinance may not prohibit the use of a home for
142	142	cottage food production operations.
143	143	Sec. 211.033. ACTION FOR NUISANCE OR OTHER TORT. This
144	144	subchapter does not affect the right of a person to bring a cause of
145	145	action under other law against an individual for nuisance or
146	146	another tort arising out of the individual's use of the individual's
147	147	home for cottage food production operations.
148	148	SECTION 8. Chapter 231, Local Government Code, is amended
149	149	by adding Subchapter M to read as follows:
150	150	SUBCHAPTER M. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS
151	151	Sec. 231.281. DEFINITIONS. In this subchapter, "cottage
152	152	food production operation" and "home" have the meanings assigned by
153	153	Section 437.001, Health and Safety Code.
154	154	Sec. 231.282. CERTAIN ZONING REGULATIONS PROHIBITED. A
155	155	county zoning ordinance may not prohibit the use of a home for
156	156	cottage food production operations.
157	157	Sec. 231.283. ACTION FOR NUISANCE OR OTHER TORT. This
158	158	subchapter does not affect the right of a person to bring a cause of
159	159	action under other law against an individual for nuisance or
160	160	another tort arising out of the individual's use of the individual's
161	161	home for cottage food production operations.
162	162	SECTION 9. Notwithstanding Section 437.0195, Health and
163	163	Safety Code, as added by this Act, an individual operating a cottage
164	164	food production operation is not required to complete a basic food
165	165	safety education or training program for food handlers before
166	166	January 1, 2014.
167	167	SECTION 10. This Act takes effect September 1, 2013.
168	168	* * * * *