Texas 2019 - 86th Regular

Texas House Bill HB2108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R25023 KKR-F
2		-	By: Rodriguez, VanDeaver, Kacal, Lambert, H.B. No. 2108
3		-	Moody
4		-	Substitute the following for H.B. No. 2108:
5		-	By: Thompson of Harris C.S.H.B. No. 2108
	1	+	86R5183 KKR-F
	2	+	By: Rodriguez H.B. No. 2108
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the regulation of cottage food production operations.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 437.001, Health and Safety Code, is
13		-	amended by adding Subdivisions (1) and (3-c) and amending
14		-	Subdivision (2-b) to read as follows:
15		-	(1) "Acidified canned goods" means food with a
16		-	finished equilibrium pH value of 4.6 or less that is thermally
17		-	processed before being placed in an airtight container.
	10	+	amended by amending Subdivision (2-b) and adding Subdivision (3-c)
	11	+	to read as follows:
18	12		(2-b) "Cottage food production operation" means an
19	13		individual, operating out of the individual's home, who:
20	14		(A) produces at the individual's home, subject to
21	15		Section 437.0196:
22	16		(i) a baked good that is not a time and
23	17		temperature control for safety [potentially hazardous] food, as
24	18		defined by Section 437.0196;
25	19		(ii) candy;
26	20		(iii) coated and uncoated nuts;
27	21		(iv) unroasted nut butters;
28	22		(v) fruit butters;
29	23		(vi) a canned jam or jelly;
30	24		(vii) a fruit pie;
31	25		(viii) dehydrated fruit or vegetables,
32	26		including dried beans;
33	27		(ix) popcorn and popcorn snacks;
34	28		(x) cereal, including granola;
35	29		(xi) dry mix;
36	30		(xii) vinegar;
37	31		(xiii) pickled fruit or vegetables,
38		-	including beets and carrots, that are preserved in vinegar, brine,
39		-	or a similar solution at an equilibrium pH value of 4.6 or less
40		-	[pickles];
	32	+	including pickled beets and carrots [pickles];
41	33		(xiv) mustard;
42	34		(xv) roasted coffee or dry tea; [or]
43	35		(xvi) a dried herb or dried herb mix;
44		-	(xvii) acidified canned goods;
45		-	(xviii) fermented vegetable products,
46		-	including products that are refrigerated to preserve quality;
	36	+	(xvii) canned goods that are acidified;
	37	+	(xviii) fermented products;
47	38		(xix) frozen fruit or vegetables; or
48	39		(xx) any other food that is not a time and
49	40		temperature control for safety food, as defined by Section
50	41		437.0196;
51	42		(B) has an annual gross income of $50,000 or less
52	43		from the sale of food described by Paragraph (A);
53	44		(C) sells the foods produced under Paragraph (A)
54	45		only directly to consumers [at the individual's home, a farmers'
55	46		market, a farm stand, or a municipal, county, or nonprofit fair,
56	47		festival, or event]; and
57	48		(D) delivers products to the consumer at the
58	49		point of sale or another location designated by the consumer.
59		-	(3-c) "Fermented ~~vegetable~~ product" means a low-acid
60		-	~~vegetable food product~~ subjected to the action of certain
61		-	~~microorganisms that produce acid~~ during their growth and reduce the
62		-	~~pH value of the food to 4.6 or~~ less.
	50	+	(3-c) "Fermented product" means a low-acid food product
	51	+	subjected to the action of certain microorganisms that produce acid
	52	+	during their growth and reduce the pH value of the food to 4.6 or
	53	+	less.
63	54		SECTION 2. Section 437.0193, Health and Safety Code, is
64		-	amended by adding Subsection (d) to read as follows:
65		-	(d) A cottage food production operation that sells frozen
66		-	fruit or vegetables must include on the label of the frozen fruit or
67		-	vegetables or on an invoice or receipt provided with the frozen
68		-	fruit or vegetables when sold the following statement in at least
69		-	12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent illness
70		-	from bacteria, keep this food frozen until preparing for
71		-	consumption."
	55	+	amended by adding Subsections (d) and (e) to read as follows:
	56	+	(d) Honey, honey spreads, and other foods that include honey
	57	+	in the product name must be labeled in accordance with Subchapter E,
	58	+	Chapter 131, Agriculture Code.
	59	+	(e) A cottage food production operation that sells a food
	60	+	described by Section 437.001(2-b)(A) that is a time and temperature
	61	+	control for safety food, as defined by Section 437.0196, must
	62	+	include on the label of the finished food product or on an invoice
	63	+	or receipt provided with the product when sold the following
	64	+	statement in at least 12-point font: "SAFE HANDLING INSTRUCTIONS:
	65	+	To prevent illness from bacteria, keep this food refrigerated or
	66	+	frozen."
72	67		SECTION 3. Section 437.0194, Health and Safety Code, is
73	68		amended to read as follows:
74	69		Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION
75	70		OPERATIONS PROHIBITED OR RESTRICTED. (a) A cottage food
76	71		production operation may not sell any of the foods described in
77	72		Section 437.001(2-b)(A)[:
78	73		[(1) through the Internet;
79	74		[(2) by mail order; or
80	75		[(3)] at wholesale.
81		-	(b) A cottage food production operation may sell a food
82		-	described by Section 437.001(2-b)(A) in this state through the
83		-	Internet or by mail order only if:
84		-	(1) the consumer purchases the food through the
85		-	Internet or by mail order from the operation and the operator
86		-	personally delivers the food to the consumer; and
87		-	(2) before the operator accepts payment for the food,
88		-	the operator provides all labeling information required by Section
89		-	437.0193(d) and department rules to the consumer by:
90		-	(A) posting a legible statement on the
91		-	operation's Internet website;
92		-	(B) publishing the information in a catalog; or
93		-	(C) otherwise communicating the information to
94		-	the consumer.
	76	+	(b) An individual who operates a cottage food production
	77	+	operation may sell a food described by Section 437.001(2-b)(A)
	78	+	through the Internet or by mail order or use a shipping or delivery
	79	+	service for delivery of the food only if:
	80	+	(1) the individual personally sells the food to the
	81	+	consumer and arranges delivery of the food through a delivery or
	82	+	shipping service; or
	83	+	(2) the consumer purchases the food through the
	84	+	Internet or by mail order from the individual and the individual
	85	+	personally delivers the food to the consumer.
95	86		SECTION 4. Chapter 437, Health and Safety Code, is amended
96	87		by adding Sections 437.01951 and 437.01952 to read as follows:
97		-	Sec. 437.01951. REQUIREMENTS FOR SALE OF ~~CERTAIN COTTAGE~~
98		-	~~FOODS~~. (a) A cottage food production ~~operation that sells to~~
99		-	consumers ~~pickled fruit~~ or ~~vegetables, fermented vegetable~~
100		-	~~products, or~~ acidified ~~canned goods~~ shall:
	88	+	Sec. 437.01951. REQUIREMENTS FOR SALE OF FERMENTED PRODUCTS
	89	+	AND ACIDIFIED CANNED GOODS. (a) A cottage food production
	90	+	operation that sells to consumers fermented products or canned
	91	+	goods that are acidified shall:
101	92		(1) use a recipe that:
102		-	(A) is from a source approved by the department
103		-	~~under Subsection (d);~~
	93	+	(A) is from a source approved by the department;
	94	+	or
104	95		(B) has been tested by an appropriately certified
105		-	laboratory that confirmed the finished fruit or vegetable, product,
106		-	or good has an equilibrium pH value of 4.6 or less; or
107		-	(C) is approved by a qualified process authority;
108		-	or
109		-	(2) if the operation does not use a recipe described by
110		-	Subdivision (1), test each batch of the recipe with a calibrated pH
111		-	meter to confirm the finished fruit or vegetable, product, or good
112		-	has an equilibrium pH value of 4.6 or less.
113		-	(b) A cottage food production operation may not sell to
114		-	consumers pickled fruit or vegetables, fermented vegetable
115		-	products, or acidified canned goods before the operator complies
116		-	with Subsection (a).
117		-	(c) For each batch of pickled fruit or vegetables, fermented
118		-	vegetable products, or acidified canned goods, a cottage food
119		-	production operation must:
120		-	(1) label the batch with a unique number; and
121		-	(2) for a period of at least 12 months, keep a record
122		-	that includes:
123		-	(A) the batch number;
124		-	(B) the recipe used by the producer;
125		-	(C) the source of the recipe or testing results,
126		-	as applicable; and
127		-	(D) the date the batch was prepared.
128		-	(d) The department shall:
	96	+	laboratory and the laboratory confirmed that the finished product
	97	+	or good has a pH value of 4.6 or less; or
	98	+	(2) annually test the first batch of each recipe with a
	99	+	calibrated pH meter to confirm that the finished product or good has
	100	+	a pH value of 4.6 or less.
	101	+	(b) The department shall:
129	102		(1) approve sources for recipes that a cottage food
130		-	production operation may use to produce pickled fruit or
131		-	vegetables, fermented vegetable products, or acidified canned
132		-	goods; and
	103	+	production operation may use to produce fermented products or
	104	+	canned goods that are acidified; and
133	105		(2) semiannually post on the department's Internet
134		-	website a list of the approved sources for recipes, appropriately
135		-	certified laboratories, and qualified process authorities.
136		-	(e) The department shall develop and implement a process by
137		-	which an individual may request that the department approve an
138		-	additional source for recipes under Subsection (d). The process
139		-	must allow an individual to submit with the individual's request
140		-	documentation supporting the request.
141		-	(f) A source for recipes approved by the department under
142		-	Subsection (d) must be scientifically validated and may be from a
143		-	government entity, academic institution, state extension service,
144		-	or other qualified source with:
145		-	(1) expert knowledge of processing requirements for
146		-	pickled fruit or vegetables, fermented vegetable products, or
147		-	acidified canned goods; and
148		-	(2) adequate facilities for scientifically validating
149		-	recipes for pickled fruit or vegetables, fermented vegetable
150		-	products, or acidified canned goods.
151		-	(g) This section does not apply to pickled cucumbers.
152		-	(h) For purposes of this section, "process authority" means
153		-	a person who has expert knowledge acquired through appropriate
154		-	training and experience in the pickling, fermenting, or
155		-	acidification and processing of pickled, fermented, or acidified
156		-	foods.
157		-	Sec. 437.01952. REQUIREMENTS FOR SALE OF FROZEN FRUIT OR
158		-	VEGETABLES. A cottage food production operation that sells to
159		-	consumers frozen fruit or vegetables shall:
160		-	(1) store and deliver the frozen fruit or vegetables
161		-	at an air temperature of not more than 32 degrees Fahrenheit; and
162		-	(2) label the fruit or vegetables in accordance with
163		-	Section 437.0193(d).
	106	+	website a list of the approved sources for recipes.
	107	+	(c) A cottage food production operation may not sell to
	108	+	consumers fermented products or canned goods that are acidified
	109	+	before the operator complies with Subsection (a).
	110	+	Sec. 437.01952. REQUIREMENTS FOR SALE OF TIME AND
	111	+	TEMPERATURE CONTROL FOR SAFETY FOOD PRODUCTS. A cottage food
	112	+	production operation that sells to consumers a food described by
	113	+	Section 437.001(2-b)(A) that is a time and temperature control for
	114	+	safety food shall:
	115	+	(1) store the finished food product at an air
	116	+	temperature of not more than 40 degrees Fahrenheit; and
	117	+	(2) label the finished food product in accordance with
	118	+	Section 437.0193(e).
164	119		SECTION 5. Section 437.0196, Health and Safety Code, is
165	120		amended to read as follows:
166	121		Sec. 437.0196. TIME AND TEMPERATURE CONTROL FOR SAFETY
167	122		[POTENTIALLY HAZARDOUS] FOOD; PROHIBITION FOR COTTAGE FOOD
168	123		PRODUCTION OPERATIONS; EXCEPTION. (a) In this section, "time and
169	124		temperature control for safety ["potentially hazardous] food"
170	125		means a food that requires time and temperature control for safety
171	126		to limit pathogen growth or toxin production. The term includes a
172	127		food that must be held under proper temperature controls, such as
173	128		refrigeration, to prevent the growth of bacteria that may cause
174	129		human illness. A time and temperature control for safety
175	130		[potentially hazardous] food may include a food that contains
176	131		protein and moisture and is neutral or slightly acidic, such as
177	132		meat, poultry, fish, and shellfish products, pasteurized and
178	133		unpasteurized milk and dairy products, raw seed sprouts, baked
179	134		goods that require refrigeration, including cream or custard pies
180	135		or cakes, and ice products. The term does not include a food that
181	136		uses time and temperature control for safety [potentially
182	137		hazardous] food as ingredients if the final food product does not
183	138		require time or temperature control for safety to limit pathogen
184	139		growth or toxin production.
185	140		(b) Except as otherwise provided by this chapter, a [A]
186	141		cottage food production operation may not sell to consumers time
187	142		and temperature control for safety [customers potentially
188	143		hazardous] foods.
189	144		SECTION 6. As soon as practicable after the effective date
190	145		of this Act:
191	146		(1) the executive commissioner of the Health and Human
192	147		Services Commission shall adopt rules as necessary to implement the
193	148		changes made by this Act; and
194	149		(2) the Department of State Health Services shall
195		-	approve sources for recipes for pickled fruit or vegetables,
196		-	acidified canned goods, and fermented vegetable products and post a
197		-	list of sources, appropriately certified laboratories, and
198		-	qualified process authorities on the department's Internet website
199		-	as required by Section 437.01951, Health and Safety Code, as added
200		-	by this Act.
	150	+	approve sources for recipes for fermented products and acidified
	151	+	canned goods and post a list of sources on the department's Internet
	152	+	website as required by Section 437.01951, Health and Safety Code,
	153	+	as added by this Act.
201	154		SECTION 7. This Act takes effect September 1, 2019.