TX
Texas House Bill HB644

Texas 2019 - 86th Regular

Texas House Bill HB644 Compare Versions

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1-By: VanDeaver, et al. (Senate Sponsor - Kolkhorst) H.B. No. 644
2- (In the Senate - Received from the House May 6, 2019;
3- May 7, 2019, read first time and referred to Committee on Health &
4- Human Services; May 19, 2019, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 9, Nays 0;
6- May 19, 2019, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR H.B. No. 644 By: Campbell
1+86R25846 KKR-F
2+ By: VanDeaver, Kacal, Rodriguez, Lambert, H.B. No. 644
3+ Price
94
105
116 A BILL TO BE ENTITLED
127 AN ACT
138 relating to the regulation of cottage food production operations.
149 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1510 SECTION 1. Section 437.001, Health and Safety Code, is
16- amended by adding Subdivisions (1) and (3-c) and amending
17- Subdivision (2-b) to read as follows:
11+ amended by adding Subdivision (1) and amending Subdivision (2-b) to
12+ read as follows:
1813 (1) "Acidified canned goods" means food with a
1914 finished equilibrium pH value of 4.6 or less that is thermally
2015 processed before being placed in an airtight container.
2116 (2-b) "Cottage food production operation" means an
2217 individual, operating out of the individual's home, who:
2318 (A) produces at the individual's home, subject to
2419 Section 437.0196:
25- (i) a baked good that is not a time and
26- temperature control for safety [potentially hazardous] food, as
27- defined by Section 437.0196;
20+ (i) a baked good that is not a potentially
21+ hazardous food, as defined by Section 437.0196;
2822 (ii) candy;
2923 (iii) coated and uncoated nuts;
3024 (iv) unroasted nut butters;
3125 (v) fruit butters;
3226 (vi) a canned jam or jelly;
3327 (vii) a fruit pie;
3428 (viii) dehydrated fruit or vegetables,
3529 including dried beans;
3630 (ix) popcorn and popcorn snacks;
3731 (x) cereal, including granola;
3832 (xi) dry mix;
3933 (xii) vinegar;
4034 (xiii) pickled fruit or vegetables,
4135 including beets and carrots, that are preserved in vinegar, brine,
4236 or a similar solution at an equilibrium pH value of 4.6 or less
4337 [pickles];
4438 (xiv) mustard;
4539 (xv) roasted coffee or dry tea; [or]
4640 (xvi) a dried herb or dried herb mix;
47- (xvii) plant-based acidified canned goods;
48- (xviii) fermented vegetable products,
49- including products that are refrigerated to preserve quality;
50- (xix) frozen raw and uncut fruit or
51- vegetables; or
52- (xx) any other food that is not a time and
53- temperature control for safety food, as defined by Section
54- 437.0196;
41+ (xvii) acidified canned goods; or
42+ (xviii) any other food that is not a
43+ potentially hazardous food, as defined by Section 437.0196;
5544 (B) has an annual gross income of $50,000 or less
5645 from the sale of food described by Paragraph (A);
5746 (C) sells the foods produced under Paragraph (A)
5847 only directly to consumers [at the individual's home, a farmers'
5948 market, a farm stand, or a municipal, county, or nonprofit fair,
6049 festival, or event]; and
6150 (D) delivers products to the consumer at the
6251 point of sale or another location designated by the consumer.
63- (3-c) "Fermented vegetable product" means a low-acid
64- vegetable food product subjected to the action of certain
65- microorganisms that produce acid during their growth and reduce the
66- pH value of the food to 4.6 or less.
67- SECTION 2. Section 437.0193, Health and Safety Code, is
68- amended by adding Subsection (d) to read as follows:
69- (d) A cottage food production operation that sells frozen
70- raw and uncut fruit or vegetables must include on the label of the
71- frozen fruit or vegetables or on an invoice or receipt provided with
72- the frozen fruit or vegetables when sold the following statement in
73- at least 12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent
74- illness from bacteria, keep this food frozen until preparing for
75- consumption."
76- SECTION 3. Section 437.0194, Health and Safety Code, is
77- amended to read as follows:
78- Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION
79- OPERATIONS PROHIBITED OR RESTRICTED. (a) A cottage food
80- production operation may not sell any of the foods described in
81- Section 437.001(2-b)(A)[:
82- [(1) through the Internet;
83- [(2) by mail order; or
84- [(3)] at wholesale.
85- (b) A cottage food production operation may sell a food
86- described by Section 437.001(2-b)(A) in this state through the
87- Internet or by mail order only if:
88- (1) the consumer purchases the food through the
89- Internet or by mail order from the operation and the operator
90- personally delivers the food to the consumer; and
91- (2) before the operator accepts payment for the food,
92- the operator provides all labeling information required by Section
93- 437.0193(d) and department rules to the consumer by:
94- (A) posting a legible statement on the
95- operation's Internet website;
96- (B) publishing the information in a catalog; or
97- (C) otherwise communicating the information to
98- the consumer.
99- SECTION 4. Chapter 437, Health and Safety Code, is amended
100- by adding Sections 437.01951 and 437.01952 to read as follows:
101- Sec. 437.01951. REQUIREMENTS FOR SALE OF CERTAIN COTTAGE
102- FOODS. (a) A cottage food production operation that sells to
103- consumers pickled fruit or vegetables, fermented vegetable
104- products, or plant-based acidified canned goods shall:
52+ SECTION 2. Chapter 437, Health and Safety Code, is amended
53+ by adding Section 437.01951 to read as follows:
54+ Sec. 437.01951. REQUIREMENTS FOR SALE OF ACIDIFIED CANNED
55+ GOODS. (a) A cottage food production operation that sells to
56+ consumers acidified canned goods shall:
10557 (1) use a recipe that:
106- (A) is from a source approved by the department
107- under Subsection (d);
58+ (A) is from a source approved by the department;
10859 (B) has been tested by an appropriately certified
109- laboratory that confirmed the finished fruit or vegetable, product,
110- or good has an equilibrium pH value of 4.6 or less; or
60+ laboratory that confirmed the finished canned good has an
61+ equilibrium pH value of 4.6 or less; or
11162 (C) is approved by a qualified process authority;
11263 or
11364 (2) if the operation does not use a recipe described by
11465 Subdivision (1), test each batch of the recipe with a calibrated pH
115- meter to confirm the finished fruit or vegetable, product, or good
116- has an equilibrium pH value of 4.6 or less.
117- (b) A cottage food production operation may not sell to
118- consumers pickled fruit or vegetables, fermented vegetable
119- products, or plant-based acidified canned goods before the operator
120- complies with Subsection (a).
121- (c) For each batch of pickled fruit or vegetables, fermented
122- vegetable products, or plant-based acidified canned goods, a
123- cottage food production operation must:
124- (1) label the batch with a unique number; and
125- (2) for a period of at least 12 months, keep a record
126- that includes:
127- (A) the batch number;
128- (B) the recipe used by the producer;
129- (C) the source of the recipe or testing results,
130- as applicable; and
131- (D) the date the batch was prepared.
132- (d) The department shall:
66+ meter to confirm the finished canned good has an equilibrium pH
67+ value of 4.6 or less.
68+ (b) The department shall:
13369 (1) approve sources for recipes that a cottage food
134- production operation may use to produce pickled fruit or
135- vegetables, fermented vegetable products, or plant-based acidified
136- canned goods; and
137- (2) semiannually post on the department's Internet
138- website a list of the approved sources for recipes, appropriately
139- certified laboratories, and qualified process authorities.
140- (e) The department shall develop and implement a process by
141- which an individual may request that the department approve an
142- additional source for recipes under Subsection (d). The process
143- must allow an individual to submit with the individual's request
144- documentation supporting the request.
145- (f) A source for recipes approved by the department under
146- Subsection (d) must be scientifically validated and may be from a
147- government entity, academic institution, state extension service,
148- or other qualified source with:
149- (1) expert knowledge of processing requirements for
150- pickled fruit or vegetables, fermented vegetable products, or
151- acidified canned goods; and
152- (2) adequate facilities for scientifically validating
153- recipes for pickled fruit or vegetables, fermented vegetable
154- products, or acidified canned goods.
155- (g) This section does not apply to pickled cucumbers.
156- (h) For purposes of this section, "process authority" means
70+ production operation may use to produce acidified canned goods; and
71+ (2) annually post on the department's Internet website
72+ a list of the approved sources for recipes, appropriately certified
73+ laboratories, and qualified process authorities.
74+ (c) For purposes of this section, "process authority" means
15775 a person who has expert knowledge acquired through appropriate
158- training and experience in the pickling, fermenting, or
159- acidification and processing of pickled, fermented, or acidified
160- foods.
161- Sec. 437.01952. REQUIREMENTS FOR SALE OF FROZEN FRUIT OR
162- VEGETABLES. A cottage food production operation that sells to
163- consumers frozen raw and uncut fruit or vegetables shall:
164- (1) store and deliver the frozen fruit or vegetables
165- at an air temperature of not more than 32 degrees Fahrenheit; and
166- (2) label the fruit or vegetables in accordance with
167- Section 437.0193(d).
168- SECTION 5. Section 437.0196, Health and Safety Code, is
169- amended to read as follows:
170- Sec. 437.0196. TIME AND TEMPERATURE CONTROL FOR SAFETY
171- [POTENTIALLY HAZARDOUS] FOOD; PROHIBITION FOR COTTAGE FOOD
172- PRODUCTION OPERATIONS; EXCEPTION. (a) In this section, "time and
173- temperature control for safety ["potentially hazardous] food"
174- means a food that requires time and temperature control for safety
175- to limit pathogen growth or toxin production. The term includes a
176- food that must be held under proper temperature controls, such as
177- refrigeration, to prevent the growth of bacteria that may cause
178- human illness. A time and temperature control for safety
179- [potentially hazardous] food may include a food that contains
180- protein and moisture and is neutral or slightly acidic, such as
181- meat, poultry, fish, and shellfish products, pasteurized and
182- unpasteurized milk and dairy products, raw seed sprouts, baked
183- goods that require refrigeration, including cream or custard pies
184- or cakes, and ice products. The term does not include a food that
185- uses time and temperature control for safety [potentially
186- hazardous] food as ingredients if the final food product does not
187- require time or temperature control for safety to limit pathogen
188- growth or toxin production.
189- (b) Except as otherwise provided by this chapter, a [A]
190- cottage food production operation may not sell to consumers time
191- and temperature control for safety [customers potentially
192- hazardous] foods.
193- SECTION 6. As soon as practicable after the effective date
76+ training and experience in the acidification and process of
77+ acidified foods.
78+ SECTION 3. As soon as practicable after the effective date
19479 of this Act:
19580 (1) the executive commissioner of the Health and Human
19681 Services Commission shall adopt rules as necessary to implement the
19782 changes made by this Act; and
19883 (2) the Department of State Health Services shall
199- approve sources for recipes for pickled fruit or vegetables,
200- plant-based acidified canned goods, and fermented vegetable
201- products and post a list of sources, appropriately certified
202- laboratories, and qualified process authorities on the
203- department's Internet website as required by Section 437.01951,
204- Health and Safety Code, as added by this Act.
205- SECTION 7. This Act takes effect September 1, 2019.
206- * * * * *
84+ approve sources for recipes for acidified canned goods and post a
85+ list of sources, appropriately certified laboratories, and
86+ qualified process authorities on the department's Internet website
87+ as required by Section 437.01951, Health and Safety Code, as added
88+ by this Act.
89+ SECTION 4. This Act takes effect September 1, 2019.