86R25023 KKR-F
By: Rodriguez, VanDeaver, Kacal, Lambert, H.B. No. 2108
Moody
Substitute the following for H.B. No. 2108:
By: Thompson of Harris C.S.H.B. No. 2108
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of 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 adding Subdivisions (1) and (3-c) and amending
Subdivision (2-b) to read as follows:
(1) "Acidified canned goods" means food with a
finished equilibrium pH value of 4.6 or less that is thermally
processed before being placed in an airtight container.
(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 time and
temperature control for safety [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) pickled fruit or vegetables,
including beets and carrots, that are preserved in vinegar, brine,
or a similar solution at an equilibrium pH value of 4.6 or less
[pickles];
(xiv) mustard;
(xv) roasted coffee or dry tea; [or]
(xvi) a dried herb or dried herb mix;
(xvii) acidified canned goods;
(xviii) fermented vegetable products,
including products that are refrigerated to preserve quality;
(xix) frozen fruit or vegetables; or
(xx) any other food that is not a time and
temperature control for safety food, as defined by Section
437.0196;
(B) has an annual gross income of $50,000 or less
from the sale of food described by Paragraph (A);
(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-c) "Fermented vegetable product" means a low-acid
vegetable food product subjected to the action of certain
microorganisms that produce acid during their growth and reduce the
pH value of the food to 4.6 or less.
SECTION 2. Section 437.0193, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) A cottage food production operation that sells frozen
fruit or vegetables must include on the label of the frozen fruit or
vegetables or on an invoice or receipt provided with the frozen
fruit or vegetables when sold the following statement in at least
12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent illness
from bacteria, keep this food frozen until preparing for
consumption."
SECTION 3. Section 437.0194, Health and Safety Code, is
amended to read as follows:
Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION
OPERATIONS PROHIBITED OR RESTRICTED. (a) 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.
(b) A cottage food production operation may sell a food
described by Section 437.001(2-b)(A) in this state through the
Internet or by mail order only if:
(1) the consumer purchases the food through the
Internet or by mail order from the operation and the operator
personally delivers the food to the consumer; and
(2) before the operator accepts payment for the food,
the operator provides all labeling information required by Section
437.0193(d) and department rules to the consumer by:
(A) posting a legible statement on the
operation's Internet website;
(B) publishing the information in a catalog; or
(C) otherwise communicating the information to
the consumer.
SECTION 4. Chapter 437, Health and Safety Code, is amended
by adding Sections 437.01951 and 437.01952 to read as follows:
Sec. 437.01951. REQUIREMENTS FOR SALE OF CERTAIN COTTAGE
FOODS. (a) A cottage food production operation that sells to
consumers pickled fruit or vegetables, fermented vegetable
products, or acidified canned goods shall:
(1) use a recipe that:
(A) is from a source approved by the department
under Subsection (d);
(B) has been tested by an appropriately certified
laboratory that confirmed the finished fruit or vegetable, product,
or good has an equilibrium pH value of 4.6 or less; or
(C) is approved by a qualified process authority;
or
(2) if the operation does not use a recipe described by
Subdivision (1), test each batch of the recipe with a calibrated pH
meter to confirm the finished fruit or vegetable, product, or good
has an equilibrium pH value of 4.6 or less.
(b) A cottage food production operation may not sell to
consumers pickled fruit or vegetables, fermented vegetable
products, or acidified canned goods before the operator complies
with Subsection (a).
(c) For each batch of pickled fruit or vegetables, fermented
vegetable products, or acidified canned goods, a cottage food
production operation must:
(1) label the batch with a unique number; and
(2) for a period of at least 12 months, keep a record
that includes:
(A) the batch number;
(B) the recipe used by the producer;
(C) the source of the recipe or testing results,
as applicable; and
(D) the date the batch was prepared.
(d) The department shall:
(1) approve sources for recipes that a cottage food
production operation may use to produce pickled fruit or
vegetables, fermented vegetable products, or acidified canned
goods; and
(2) semiannually post on the department's Internet
website a list of the approved sources for recipes, appropriately
certified laboratories, and qualified process authorities.
(e) The department shall develop and implement a process by
which an individual may request that the department approve an
additional source for recipes under Subsection (d). The process
must allow an individual to submit with the individual's request
documentation supporting the request.
(f) A source for recipes approved by the department under
Subsection (d) must be scientifically validated and may be from a
government entity, academic institution, state extension service,
or other qualified source with:
(1) expert knowledge of processing requirements for
pickled fruit or vegetables, fermented vegetable products, or
acidified canned goods; and
(2) adequate facilities for scientifically validating
recipes for pickled fruit or vegetables, fermented vegetable
products, or acidified canned goods.
(g) This section does not apply to pickled cucumbers.
(h) For purposes of this section, "process authority" means
a person who has expert knowledge acquired through appropriate
training and experience in the pickling, fermenting, or
acidification and processing of pickled, fermented, or acidified
foods.
Sec. 437.01952. REQUIREMENTS FOR SALE OF FROZEN FRUIT OR
VEGETABLES. A cottage food production operation that sells to
consumers frozen fruit or vegetables shall:
(1) store and deliver the frozen fruit or vegetables
at an air temperature of not more than 32 degrees Fahrenheit; and
(2) label the fruit or vegetables in accordance with
Section 437.0193(d).
SECTION 5. Section 437.0196, Health and Safety Code, is
amended to read as follows:
Sec. 437.0196. TIME AND TEMPERATURE CONTROL FOR SAFETY
[POTENTIALLY HAZARDOUS] FOOD; PROHIBITION FOR COTTAGE FOOD
PRODUCTION OPERATIONS; EXCEPTION. (a) In this section, "time and
temperature control for safety ["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 time and temperature control for safety
[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 time and temperature control for safety [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) Except as otherwise provided by this chapter, a [A]
cottage food production operation may not sell to consumers time
and temperature control for safety [customers potentially
hazardous] foods.
SECTION 6. As soon as practicable after the effective date
of this Act:
(1) the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement the
changes made by this Act; and
(2) the Department of State Health Services shall
approve sources for recipes for pickled fruit or vegetables,
acidified canned goods, and fermented vegetable products and post a
list of sources, appropriately certified laboratories, and
qualified process authorities on the department's Internet website
as required by Section 437.01951, Health and Safety Code, as added
by this Act.
SECTION 7. This Act takes effect September 1, 2019.