86R8307 KKR-D By: Hall S.B. No. 1028 A BILL TO BE ENTITLED AN ACT relating to the locations at which a cottage food production operation may sell products. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 437.001(2-b), Health and Safety Code, is amended to read as follows: (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 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) pickles; (xiv) mustard; (xv) roasted coffee or dry tea; or (xvi) a dried herb or dried herb mix; (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 for-profit 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. SECTION 2. This Act takes effect September 1, 2019.