By: Rodriguez of Travis, et al. H.B. No. 970
(Senate Sponsor - Deuell)
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Health
and Human Services; May 15, 2013, reported favorably by the
following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.)
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, Health and Safety Code, is
amended by amending Subdivisions (2-a) and (2-b) and adding
Subdivision (3-b) to read as follows:
(2-a) "Baked good" includes cookies, cakes, breads,
Danish, donuts, pastries, pies, and other items that are prepared
by baking the item 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:
(A) produces at the individual's home, subject to
Section 437.0196:
(i) a baked good that is not a potentially
hazardous food, as defined by Section 437.0196;
(ii) candy;
(iii) coated and uncoated nuts;
(iv) unroasted nut butters;
(v) fruit butters;
(vi) [,] a canned jam or jelly;
(vii) a fruit pie;
(viii) dehydrated fruit or vegetables,
including dried beans;
(ix) popcorn and popcorn snacks;
(x) cereal, including granola;
(xi) dry mix;
(xii) vinegar;
(xiii) pickles;
(xiv) mustard;
(xv) roasted coffee or dry tea;[,] or
(xvi) a dried herb or dried herb mix [for
sale at the person's home];
(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 at the individual's home, a farmers'
market, a farm stand, or a municipal, county, or nonprofit fair,
festival, or event; and
(D) delivers products to the consumer at the
point of sale or another location designated by the consumer.
(3-b) "Farm stand" means a premises owned and operated
by a producer of agricultural food products at which the producer or
other persons may offer for sale produce or foods described by
Subdivision (2-b)(A).
SECTION 2. Section 437.0191, Health and Safety Code, is
amended to read as follows:
Sec. 437.0191. EXEMPTION FOR COTTAGE FOOD PRODUCTION
OPERATIONS. (a) A cottage food production operation is not a food
service establishment for purposes of this chapter.
(b) The exemption provided by Subsection (a) does not affect
the application of Sections 431.045, 431.0495, and 431.247
authorizing the department or other local health authority to act
to prevent an immediate and serious threat to human life or health.
SECTION 3. 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 4. 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 5. Sections 437.0193 and 437.0194, Health and
Safety Code, are amended to read as follows:
Sec. 437.0193. PACKAGING AND LABELING REQUIREMENTS FOR
COTTAGE FOOD PRODUCTION OPERATIONS. (a) Food described by
Section 437.001(2-b)(A) sold by a cottage food production operation
must be packaged in a manner that prevents product contamination,
except that a food item is not required to be packaged if it is too
large or bulky for conventional packaging.
(b) The executive commissioner shall adopt rules requiring a
cottage food production operation to label all of the foods
described in Section 437.001(2-b)(A) that the operation sells to
consumers. The label must include:
(1) the name and address of the cottage food
production operation; and
(2) a statement that the food is not inspected by the
department or a local health department.
(c) For foods not required to be packaged under Subsection
(a), the information required to be included on the label under
Subsection (b) must be provided to the consumer on an invoice or
receipt.
Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION
OPERATIONS [THROUGH THE INTERNET] PROHIBITED. A cottage food
production operation may not sell any of the foods described in
Section 437.001(2-b)(A):
(1) through the Internet;
(2) by mail order; or
(3) at wholesale.
SECTION 6. Chapter 437, Health and Safety Code, is amended
by adding Sections 437.0195 and 437.0196 to read as follows:
Sec. 437.0195. PRODUCTION OF COTTAGE FOOD PRODUCTS. (a) An
individual who operates a cottage food production operation must
have successfully completed a basic food safety education or
training program for food handlers accredited under Subchapter D,
Chapter 438.
(b) An individual may not process, prepare, package, or
handle cottage food products unless the individual:
(1) meets the requirements of Subsection (a);
(2) is directly supervised by an individual described
by Subsection (a); or
(3) is a member of the household in which the cottage
food products are produced.
Sec. 437.0196. POTENTIALLY HAZARDOUS FOOD; PROHIBITION FOR
COTTAGE FOOD PRODUCTION OPERATIONS. (a) In this section,
"potentially hazardous food" means a food that requires time and
temperature control for safety to limit pathogen growth or toxin
production. The term includes a food that must be held under proper
temperature controls, such as refrigeration, to prevent the growth
of bacteria that may cause human illness. A potentially hazardous
food may include a food that contains protein and moisture and is
neutral or slightly acidic, such as meat, poultry, fish, and
shellfish products, pasteurized and unpasteurized milk and dairy
products, raw seed sprouts, baked goods that require refrigeration,
including cream or custard pies or cakes, and ice products. The
term does not include a food that uses potentially hazardous food as
ingredients if the final food product does not require time or
temperature control for safety to limit pathogen growth or toxin
production.
(b) A cottage food production operation may not sell to
customers potentially hazardous foods.
SECTION 7. 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 8. 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 9. Notwithstanding Section 437.0195, Health and
Safety Code, as added by this Act, an individual operating a cottage
food production operation is not required to complete a basic food
safety education or training program for food handlers before
January 1, 2014.
SECTION 10. This Act takes effect September 1, 2013.
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