86R14403 SCL-D
By: Oliverson H.B. No. 4369
A BILL TO BE ENTITLED
AN ACT
relating to labeling and information requirements for a cottage
food product sold through the Internet or by mail order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) An individual who operates a cottage food production
operation may sell a food described by Section 437.001(2-b)(A)
through the Internet or by mail order or use a shipping or delivery
service for delivery of the food only if the label of the finished
food product or a written description of the finished food product
provided with the product:
(1) contains a list of each major food allergen,
including eggs, nuts, soy, peanuts, milk, or wheat, in the product;
(2) includes:
(A) the name and physical address of the cottage
food production operation;
(B) the common or usual name of the product; and
(C) the following statement: "This food is made
in a home kitchen and is not inspected by the Department of State
Health Services or a local health department."; and
(3) is legible.
SECTION 2. This Act takes effect September 1, 2019.