| 1 | 1 | | 86R8307 KKR-D |
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| 2 | 2 | | By: Hall S.B. No. 1028 |
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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 the locations at which a cottage food production |
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| 8 | 8 | | operation may sell products. |
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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 437.001(2-b), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (2-b) "Cottage food production operation" means an |
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| 13 | 13 | | individual, operating out of the individual's home, who: |
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| 14 | 14 | | (A) produces at the individual's home, subject to |
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| 15 | 15 | | Section 437.0196: |
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| 16 | 16 | | (i) a baked good that is not a potentially |
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| 17 | 17 | | hazardous food, as defined by Section 437.0196; |
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| 18 | 18 | | (ii) candy; |
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| 19 | 19 | | (iii) coated and uncoated nuts; |
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| 20 | 20 | | (iv) unroasted nut butters; |
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| 21 | 21 | | (v) fruit butters; |
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| 22 | 22 | | (vi) a canned jam or jelly; |
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| 23 | 23 | | (vii) a fruit pie; |
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| 24 | 24 | | (viii) dehydrated fruit or vegetables, |
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| 25 | 25 | | including dried beans; |
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| 26 | 26 | | (ix) popcorn and popcorn snacks; |
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| 27 | 27 | | (x) cereal, including granola; |
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| 28 | 28 | | (xi) dry mix; |
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| 29 | 29 | | (xii) vinegar; |
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| 30 | 30 | | (xiii) pickles; |
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| 31 | 31 | | (xiv) mustard; |
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| 32 | 32 | | (xv) roasted coffee or dry tea; or |
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| 33 | 33 | | (xvi) a dried herb or dried herb mix; |
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| 34 | 34 | | (B) has an annual gross income of $50,000 or less |
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| 35 | 35 | | from the sale of food described by Paragraph (A); |
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| 36 | 36 | | (C) sells the foods produced under Paragraph (A) |
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| 37 | 37 | | only directly to consumers at the individual's home, a farmers' |
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| 38 | 38 | | market, a farm stand, or a municipal, county, or for-profit or |
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| 39 | 39 | | nonprofit fair, festival, or event; and |
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| 40 | 40 | | (D) delivers products to the consumer at the |
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| 41 | 41 | | point of sale or another location designated by the consumer. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2019. |
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