| 1 | 1 | | 86R14403 SCL-D |
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| 2 | 2 | | By: Oliverson H.B. No. 4369 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to labeling and information requirements for a cottage |
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| 8 | 8 | | food product sold through the Internet or by mail order. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 437.0194, Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION |
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| 13 | 13 | | OPERATIONS PROHIBITED OR RESTRICTED. (a) A cottage food |
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| 14 | 14 | | production operation may not sell any of the foods described in |
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| 15 | 15 | | Section 437.001(2-b)(A)[: |
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| 16 | 16 | | [(1) through the Internet; |
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| 17 | 17 | | [(2) by mail order; or |
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| 18 | 18 | | [(3)] at wholesale. |
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| 19 | 19 | | (b) An individual who operates a cottage food production |
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| 20 | 20 | | operation may sell a food described by Section 437.001(2-b)(A) |
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| 21 | 21 | | through the Internet or by mail order or use a shipping or delivery |
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| 22 | 22 | | service for delivery of the food only if the label of the finished |
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| 23 | 23 | | food product or a written description of the finished food product |
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| 24 | 24 | | provided with the product: |
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| 25 | 25 | | (1) contains a list of each major food allergen, |
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| 26 | 26 | | including eggs, nuts, soy, peanuts, milk, or wheat, in the product; |
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| 27 | 27 | | (2) includes: |
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| 28 | 28 | | (A) the name and physical address of the cottage |
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| 29 | 29 | | food production operation; |
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| 30 | 30 | | (B) the common or usual name of the product; and |
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| 31 | 31 | | (C) the following statement: "This food is made |
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| 32 | 32 | | in a home kitchen and is not inspected by the Department of State |
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| 33 | 33 | | Health Services or a local health department."; and |
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| 34 | 34 | | (3) is legible. |
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| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2019. |
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