| 1 | 1 | | 88R11094 MCF-D |
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| 2 | 2 | | By: Hefner H.B. No. 2971 |
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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 delivery of cottage food by mail. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 437.001(2-b), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (2-b) "Cottage food production operation" means an |
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| 12 | 12 | | individual, operating out of the individual's home, who: |
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| 13 | 13 | | (A) produces at the individual's home, subject to |
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| 14 | 14 | | Section 437.0196: |
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| 15 | 15 | | (i) a baked good that is not a time and |
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| 16 | 16 | | temperature control for safety food, as defined by Section |
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| 17 | 17 | | 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) pickled fruit or vegetables, |
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| 31 | 31 | | including beets and carrots, that are preserved in vinegar, brine, |
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| 32 | 32 | | or a similar solution at an equilibrium pH value of 4.6 or less; |
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| 33 | 33 | | (xiv) mustard; |
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| 34 | 34 | | (xv) roasted coffee or dry tea; |
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| 35 | 35 | | (xvi) a dried herb or dried herb mix; |
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| 36 | 36 | | (xvii) plant-based acidified canned goods; |
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| 37 | 37 | | (xviii) fermented vegetable products, |
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| 38 | 38 | | including products that are refrigerated to preserve quality; |
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| 39 | 39 | | (xix) frozen raw and uncut fruit or |
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| 40 | 40 | | vegetables; or |
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| 41 | 41 | | (xx) any other food that is not a time and |
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| 42 | 42 | | temperature control for safety food, as defined by Section |
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| 43 | 43 | | 437.0196; |
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| 44 | 44 | | (B) has an annual gross income of $50,000 or less |
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| 45 | 45 | | from the sale of food described by Paragraph (A); |
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| 46 | 46 | | (C) sells the foods produced under Paragraph (A) |
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| 47 | 47 | | only directly to consumers; and |
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| 48 | 48 | | (D) delivers products to the consumer: |
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| 49 | 49 | | (i) at the point of sale or another location |
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| 50 | 50 | | designated by the consumer; or |
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| 51 | 51 | | (ii) by mail. |
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| 52 | 52 | | SECTION 2. Section 437.0194(b), Health and Safety Code, is |
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| 53 | 53 | | amended to read as follows: |
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| 54 | 54 | | (b) A cottage food production operation may sell a food |
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| 55 | 55 | | described by Section 437.001(2-b)(A) in this state through the |
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| 56 | 56 | | Internet or by mail order only if[: |
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| 57 | 57 | | [(1) the consumer purchases the food through the |
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| 58 | 58 | | Internet or by mail order from the operation and the operator |
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| 59 | 59 | | personally delivers the food to the consumer; and |
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| 60 | 60 | | [(2)] subject to Subsection (c), before the operator |
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| 61 | 61 | | accepts payment for the food, the operator provides all labeling |
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| 62 | 62 | | information required by Section 437.0193(d) and department rules to |
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| 63 | 63 | | the consumer by: |
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| 64 | 64 | | (1) [(A)] posting a legible statement on the |
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| 65 | 65 | | operation's Internet website; |
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| 66 | 66 | | (2) [(B)] publishing the information in a catalog; or |
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| 67 | 67 | | (3) [(C)] otherwise communicating the information to |
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| 68 | 68 | | the consumer. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2023. |
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