By: Kolkhorst, et al. S.B. No. 572
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of cottage food production operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.001, Health and Safety Code, is
amended by amending Subdivision (2-b) and adding Subdivision (3-c)
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 time and
temperature control for safety [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) pickled fruit or vegetables,
including pickled beets and carrots [pickles];
(xiv) mustard;
(xv) roasted coffee or dry tea; [or]
(xvi) a dried herb or dried herb mix;
(xvii) canned goods that are acidified;
(xviii) fermented products;
(xix) frozen fruit or vegetables; or
(xx) any other food that is not a time and
temperature control for safety food, as defined by Section
437.0196;
(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 nonprofit fair,
festival, or event]; and
(D) delivers products to the consumer at the
point of sale or another location designated by the consumer.
(3-c) "Fermented product" means a low-acid food product
subjected to the action of certain microorganisms that produce acid
during their growth and reduce the pH value of the food to 4.6 or
less.
SECTION 2. Section 437.0193, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) A cottage food production operation that sells frozen
fruit or vegetables must include on the label of the frozen fruit or
vegetables or on an invoice or receipt provided with the frozen
fruit or vegetables when sold the following statement in at least
12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent illness
from bacteria, keep this food refrigerated or frozen."
SECTION 3. 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) A cottage food production operation may sell a food
described by Section 437.001(2-b)(A) through the Internet or by
mail order only if the consumer purchases the food through the
Internet or by mail order from the operation and the operator
personally delivers the food to the consumer.
SECTION 4. Chapter 437, Health and Safety Code, is amended
by adding Sections 437.01951 and 437.01952 to read as follows:
Sec. 437.01951. REQUIREMENTS FOR SALE OF FERMENTED PRODUCTS
AND ACIDIFIED CANNED GOODS. (a) A cottage food production
operation that sells to consumers fermented products or canned
goods that are acidified shall:
(1) use a recipe that:
(A) is from a source approved by the department;
or
(B) has been tested by an appropriately certified
laboratory and the laboratory confirmed that the finished product
or good has a pH value of 4.6 or less; or
(2) annually test the first batch of each recipe with a
calibrated pH meter to confirm that the finished product or good has
a pH value of 4.6 or less.
(b) The department shall:
(1) approve sources for recipes that a cottage food
production operation may use to produce fermented products or
canned goods that are acidified; and
(2) semiannually post on the department's Internet
website a list of the approved sources for recipes.
(c) The department shall develop and implement a process by
which an individual may request that the department approve an
additional source for recipes under Subsection (b). The process
must include:
(1) a method for an individual to submit a request to
the department;
(2) a time for the department to respond to the
request; and
(3) clear criteria for the department to evaluate
whether the department should approve a requested source.
(d) A cottage food production operation may not sell to
consumers fermented products or canned goods that are acidified
before the operator complies with Subsection (a).
Sec. 437.01952. REQUIREMENTS FOR SALE OF FROZEN FRUIT OR
VEGETABLES. A cottage food production operation that sells to
consumers frozen fruit or vegetables shall store and deliver the
frozen fruit or vegetables at an air temperature of not more than 32
degrees Fahrenheit.
SECTION 5. Section 437.0196, Health and Safety Code, is
amended to read as follows:
Sec. 437.0196. TIME AND TEMPERATURE CONTROL FOR SAFETY
[POTENTIALLY HAZARDOUS] FOOD; PROHIBITION FOR COTTAGE FOOD
PRODUCTION OPERATIONS; EXCEPTION. (a) In this section, "time and
temperature control for safety ["potentially hazardous] food"
means a food that requires time and temperature control for safety
to limit pathogen growth or toxin production. The term includes a
food that must be held under proper temperature controls, such as
refrigeration, to prevent the growth of bacteria that may cause
human illness. A time and temperature control for safety
[potentially hazardous] food may include a food that contains
protein and moisture and is neutral or slightly acidic, such as
meat, poultry, fish, and shellfish products, pasteurized and
unpasteurized milk and dairy products, raw seed sprouts, baked
goods that require refrigeration, including cream or custard pies
or cakes, and ice products. The term does not include a food that
uses time and temperature control for safety [potentially
hazardous] food as ingredients if the final food product does not
require time or temperature control for safety to limit pathogen
growth or toxin production.
(b) Except as otherwise provided by this chapter, a [A]
cottage food production operation may not sell to consumers time
and temperature control for safety [customers potentially
hazardous] foods.
SECTION 6. As soon as practicable after the effective date
of this Act:
(1) the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement the
changes made by this Act; and
(2) the Department of State Health Services shall
approve sources for recipes for fermented products and acidified
canned goods, post a list of sources on the department's Internet
website, and develop a process for approving additional sources of
recipes as required by Section 437.01951, Health and Safety Code,
as added by this Act.
SECTION 7. This Act takes effect September 1, 2019.