Texas 2019 - 86th Regular

Texas House Bill HB1694 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1694
	1	+	By: Lambert, et al. (Senate Sponsor - Johnson) H.B. No. 1694
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 17, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to limitations on food regulations at farms, farmers'
6	12		markets, and cottage food production operations.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 437.020(a)(2), Health and Safety Code,
9	15		is amended to read as follows:
10	16		(2) "Food" means an agricultural, apicultural,
11	17		horticultural, silvicultural, viticultural, or vegetable product
12	18		for human consumption, in either its natural or processed state,
13	19		that has been produced or processed or otherwise has had value added
14	20		to the product in this state. The term includes:
15	21		(A) fish or other aquatic species;
16	22		(B) livestock, a livestock product, or a
17	23		livestock by-product;
18	24		(C) planting seed;
19	25		(D) poultry, a poultry product, or a poultry
20	26		by-product;
21	27		(E) wildlife processed for food or by-products;
22	28		(F) a product made from a product described by
23	29		this subdivision by a farmer or other producer, including a cottage
24	30		food production operation, who grew or processed the product; or
25	31		(G) produce.
26	32		SECTION 2. Section 437.020, Health and Safety Code, is
27	33		amended by adding Subsections (b-1), (b-2), (b-3), (f), and (g) to
28	34		read as follows:
29	35		(b-1) The department or a local government authority,
30	36		including a local health department, may not require a person to
31	37		obtain a permit under this chapter to provide samples of food at a
32	38		farm or farmers' market under this section.
33	39		(b-2) A local government authority, including a local
34	40		health department, may not regulate the provision of samples of
35	41		food at a farm or farmers' market except as provided by this
36	42		chapter.
37	43		(b-3) The department or a local government authority,
38	44		including a local health department, may:
39	45		(1) perform an inspection to enforce the requirements
40	46		of this section for preparing and distributing samples of food at a
41	47		farm or farmers' market; and
42	48		(2) require a person to obtain a permit under this
43	49		chapter to offer for sale or distribution to consumers food cooked
44	50		at a farm or farmers' market.
45	51		(f) A cottage food production operation may only provide
46	52		samples of food described by Section 437.001(2-b)(A) produced by
47	53		the operation.
48	54		(g) This section does not apply to a person who:
49	55		(1) provides samples of food at a farm or farmers'
50	56		market; and
51	57		(2) does not sell food directly to consumers at the
52	58		farm or farmers' market.
53	59		SECTION 3. Section 437.0201(e), Health and Safety Code, is
54	60		amended to read as follows:
55	61		(e) The executive commissioner, [or] a state [or local]
56	62		enforcement agency, or a local government authority, including a
57	63		local health department, may not adopt a rule requiring a farmers'
58	64		market to pay a permit fee for:
59	65		(1) conducting a cooking demonstration [or providing
60	66		samples of food] if the demonstration [or provision of samples] is
61	67		conducted for a bona fide educational purpose; or
62	68		(2) providing samples of food.
63	69		SECTION 4. This Act takes effect September 1, 2019.
64		-	______________________________ ______________________________
65		-	President of the Senate Speaker of the House
66		-	I certify that H.B. No. 1694 was passed by the House on April
67		-	26, 2019, by the following vote: Yeas 134, Nays 5, 2 present, not
68		-	voting.
69		-	______________________________
70		-	Chief Clerk of the House
71		-	I certify that H.B. No. 1694 was passed by the Senate on May
72		-	20, 2019, by the following vote: Yeas 31, Nays 0.
73		-	______________________________
74		-	Secretary of the Senate
75		-	APPROVED: _____________________
76		-	Date
77		-	_____________________
78		-	Governor
	70	+	* * * * *