Texas 2019 - 86th Regular

Texas Senate Bill SB572 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 572
	1	+	86R33278 KKR-F
	2	+	By: Kolkhorst, et al. S.B. No. 572
	3	+	(Rodriguez, VanDeaver, Kacal, Lambert, Moody, et al.)
	4	+	Substitute the following for S.B. No. 572: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the regulation of cottage food production operations.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	11		SECTION 1. Section 437.001, Health and Safety Code, is
8	12		amended by adding Subdivisions (1) and (3-c) and amending
9	13		Subdivision (2-b) to read as follows:
10	14		(1) "Acidified canned goods" means food with a
11	15		finished equilibrium pH value of 4.6 or less that is thermally
12	16		processed before being placed in an airtight container.
13	17		(2-b) "Cottage food production operation" means an
14	18		individual, operating out of the individual's home, who:
15	19		(A) produces at the individual's home, subject to
16	20		Section 437.0196:
17	21		(i) a baked good that is not a time and
18	22		temperature control for safety [potentially hazardous] food, as
19	23		defined by Section 437.0196;
20	24		(ii) candy;
21	25		(iii) coated and uncoated nuts;
22	26		(iv) unroasted nut butters;
23	27		(v) fruit butters;
24	28		(vi) a canned jam or jelly;
25	29		(vii) a fruit pie;
26	30		(viii) dehydrated fruit or vegetables,
27	31		including dried beans;
28	32		(ix) popcorn and popcorn snacks;
29	33		(x) cereal, including granola;
30	34		(xi) dry mix;
31	35		(xii) vinegar;
32	36		(xiii) pickled fruit or vegetables,
33	37		including beets and carrots, that are preserved in vinegar, brine,
34	38		or a similar solution at an equilibrium pH value of 4.6 or less
35	39		[pickles];
36	40		(xiv) mustard;
37	41		(xv) roasted coffee or dry tea; [or]
38	42		(xvi) a dried herb or dried herb mix;
39	43		(xvii) plant-based acidified canned goods;
40	44		(xviii) fermented vegetable products,
41	45		including products that are refrigerated to preserve quality;
42	46		(xix) frozen raw and uncut fruit or
43	47		vegetables; or
44	48		(xx) any other food that is not a time and
45	49		temperature control for safety food, as defined by Section
46	50		437.0196;
47	51		(B) has an annual gross income of $50,000 or less
48	52		from the sale of food described by Paragraph (A);
49	53		(C) sells the foods produced under Paragraph (A)
50	54		only directly to consumers [at the individual's home, a farmers'
51	55		market, a farm stand, or a municipal, county, or nonprofit fair,
52	56		festival, or event]; and
53	57		(D) delivers products to the consumer at the
54	58		point of sale or another location designated by the consumer.
55	59		(3-c) "Fermented vegetable product" means a low-acid
56	60		vegetable food product subjected to the action of certain
57	61		microorganisms that produce acid during their growth and reduce the
58	62		pH value of the food to 4.6 or less.
59	63		SECTION 2. Section 437.0193, Health and Safety Code, is
60	64		amended by adding Subsection (d) to read as follows:
61	65		(d) A cottage food production operation that sells frozen
62	66		raw and uncut fruit or vegetables must include on the label of the
63	67		frozen fruit or vegetables or on an invoice or receipt provided with
64	68		the frozen fruit or vegetables when sold the following statement in
65	69		at least 12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent
66	70		illness from bacteria, keep this food frozen until preparing for
67	71		consumption."
68	72		SECTION 3. Section 437.0194, Health and Safety Code, is
69	73		amended to read as follows:
70	74		Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION
71	75		OPERATIONS PROHIBITED OR RESTRICTED. (a) A cottage food
72	76		production operation may not sell any of the foods described in
73	77		Section 437.001(2-b)(A)[:
74	78		[(1) through the Internet;
75	79		[(2) by mail order; or
76	80		[(3)] at wholesale.
77	81		(b) A cottage food production operation may sell a food
78	82		described by Section 437.001(2-b)(A) in this state through the
79	83		Internet or by mail order only if:
80	84		(1) the consumer purchases the food through the
81	85		Internet or by mail order from the operation and the operator
82	86		personally delivers the food to the consumer; and
83		-	(2) subject to Subsection (c), before the operator
84		-	accepts payment for the food, the operator provides all labeling
85		-	information required by Section 437.0193(d) and department rules to
86		-	the consumer by:
	87	+	(2) before the operator accepts payment for the food,
	88	+	the operator provides all labeling information required by Section
	89	+	437.0193(d) and department rules to the consumer by:
87	90		(A) posting a legible statement on the
88	91		operation's Internet website;
89	92		(B) publishing the information in a catalog; or
90	93		(C) otherwise communicating the information to
91	94		the consumer.
92		-	(c) The operator of a cottage food production operation that
93		-	sells a food described by Section 437.001(2-b)(A) in this state in
94		-	the manner described by Subsection (b):
95		-	(1) is not required to include the address of the
96		-	operation in the labeling information required under Subsection
97		-	(b)(2) before the operator accepts payment for the food; and
98		-	(2) shall provide the address of the operation on the
99		-	label of the food in the manner required by Section 437.0193(b)
100		-	after the operator accepts payment for the food.
101	95		SECTION 4. Chapter 437, Health and Safety Code, is amended
102	96		by adding Sections 437.01951 and 437.01952 to read as follows:
103	97		Sec. 437.01951. REQUIREMENTS FOR SALE OF CERTAIN COTTAGE
104	98		FOODS. (a) A cottage food production operation that sells to
105	99		consumers pickled fruit or vegetables, fermented vegetable
106	100		products, or plant-based acidified canned goods shall:
107	101		(1) use a recipe that:
108	102		(A) is from a source approved by the department
109	103		under Subsection (d);
110	104		(B) has been tested by an appropriately certified
111	105		laboratory that confirmed the finished fruit or vegetable, product,
112	106		or good has an equilibrium pH value of 4.6 or less; or
113	107		(C) is approved by a qualified process authority;
114	108		or
115	109		(2) if the operation does not use a recipe described by
116	110		Subdivision (1), test each batch of the recipe with a calibrated pH
117	111		meter to confirm the finished fruit or vegetable, product, or good
118	112		has an equilibrium pH value of 4.6 or less.
119	113		(b) A cottage food production operation may not sell to
120	114		consumers pickled fruit or vegetables, fermented vegetable
121	115		products, or plant-based acidified canned goods before the operator
122	116		complies with Subsection (a).
123	117		(c) For each batch of pickled fruit or vegetables, fermented
124	118		vegetable products, or plant-based acidified canned goods, a
125	119		cottage food production operation must:
126	120		(1) label the batch with a unique number; and
127	121		(2) for a period of at least 12 months, keep a record
128	122		that includes:
129	123		(A) the batch number;
130	124		(B) the recipe used by the producer;
131	125		(C) the source of the recipe or testing results,
132	126		as applicable; and
133	127		(D) the date the batch was prepared.
134	128		(d) The department shall:
135	129		(1) approve sources for recipes that a cottage food
136	130		production operation may use to produce pickled fruit or
137	131		vegetables, fermented vegetable products, or plant-based acidified
138	132		canned goods; and
139	133		(2) semiannually post on the department's Internet
140	134		website a list of the approved sources for recipes, appropriately
141	135		certified laboratories, and qualified process authorities.
142	136		(e) The department shall develop and implement a process by
143	137		which an individual may request that the department approve an
144	138		additional source for recipes under Subsection (d). The process
145	139		must allow an individual to submit with the individual's request
146	140		documentation supporting the request.
147	141		(f) A source for recipes approved by the department under
148	142		Subsection (d) must be scientifically validated and may be from a
149	143		government entity, academic institution, state extension service,
150	144		or other qualified source with:
151	145		(1) expert knowledge of processing requirements for
152	146		pickled fruit or vegetables, fermented vegetable products, or
153	147		acidified canned goods; and
154	148		(2) adequate facilities for scientifically validating
155	149		recipes for pickled fruit or vegetables, fermented vegetable
156	150		products, or acidified canned goods.
157	151		(g) This section does not apply to pickled cucumbers.
158	152		(h) For purposes of this section, "process authority" means
159	153		a person who has expert knowledge acquired through appropriate
160	154		training and experience in the pickling, fermenting, or
161	155		acidification and processing of pickled, fermented, or acidified
162	156		foods.
163	157		Sec. 437.01952. REQUIREMENTS FOR SALE OF FROZEN FRUIT OR
164	158		VEGETABLES. A cottage food production operation that sells to
165	159		consumers frozen raw and uncut fruit or vegetables shall:
166	160		(1) store and deliver the frozen fruit or vegetables
167	161		at an air temperature of not more than 32 degrees Fahrenheit; and
168	162		(2) label the fruit or vegetables in accordance with
169	163		Section 437.0193(d).
170	164		SECTION 5. Section 437.0196, Health and Safety Code, is
171	165		amended to read as follows:
172	166		Sec. 437.0196. TIME AND TEMPERATURE CONTROL FOR SAFETY
173	167		[POTENTIALLY HAZARDOUS] FOOD; PROHIBITION FOR COTTAGE FOOD
174	168		PRODUCTION OPERATIONS; EXCEPTION. (a) In this section, "time and
175	169		temperature control for safety ["potentially hazardous] food"
176	170		means a food that requires time and temperature control for safety
177	171		to limit pathogen growth or toxin production. The term includes a
178	172		food that must be held under proper temperature controls, such as
179	173		refrigeration, to prevent the growth of bacteria that may cause
180	174		human illness. A time and temperature control for safety
181	175		[potentially hazardous] food may include a food that contains
182	176		protein and moisture and is neutral or slightly acidic, such as
183	177		meat, poultry, fish, and shellfish products, pasteurized and
184	178		unpasteurized milk and dairy products, raw seed sprouts, baked
185	179		goods that require refrigeration, including cream or custard pies
186	180		or cakes, and ice products. The term does not include a food that
187	181		uses time and temperature control for safety [potentially
188	182		hazardous] food as ingredients if the final food product does not
189	183		require time or temperature control for safety to limit pathogen
190	184		growth or toxin production.
191	185		(b) Except as otherwise provided by this chapter, a [A]
192	186		cottage food production operation may not sell to consumers time
193	187		and temperature control for safety [customers potentially
194	188		hazardous] foods.
195	189		SECTION 6. As soon as practicable after the effective date
196	190		of this Act:
197	191		(1) the executive commissioner of the Health and Human
198	192		Services Commission shall adopt rules as necessary to implement the
199	193		changes made by this Act; and
200	194		(2) the Department of State Health Services shall
201	195		approve sources for recipes for pickled fruit or vegetables,
202	196		plant-based acidified canned goods, and fermented vegetable
203	197		products and post a list of sources, appropriately certified
204	198		laboratories, and qualified process authorities on the
205	199		department's Internet website as required by Section 437.01951,
206	200		Health and Safety Code, as added by this Act.
207	201		SECTION 7. This Act takes effect September 1, 2019.
208		-	______________________________ ______________________________
209		-	President of the Senate Speaker of the House
210		-	I hereby certify that S.B. No. 572 passed the Senate on
211		-	April 23, 2019, by the following vote: Yeas 31, Nays 0; and that
212		-	the Senate concurred in House amendments on May 23, 2019, by the
213		-	following vote: Yeas 31, Nays 0.
214		-	______________________________
215		-	Secretary of the Senate
216		-	I hereby certify that S.B. No. 572 passed the House, with
217		-	amendments, on May 21, 2019, by the following vote: Yeas 141,
218		-	Nays 1, two present not voting.
219		-	______________________________
220		-	Chief Clerk of the House
221		-	Approved:
222		-	______________________________
223		-	Date
224		-	______________________________
225		-	Governor