| 1 | 1 | | 88R1841 LRM-D |
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| 2 | 2 | | By: Goodwin H.B. No. 95 |
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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 food labeling by a cottage food production operation. |
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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 437.0193(b), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) The executive commissioner shall adopt rules requiring |
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| 12 | 12 | | a cottage food production operation to label all of the foods |
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| 13 | 13 | | described in Section 437.001(2-b)(A) that the operation sells to |
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| 14 | 14 | | consumers. The label must include: |
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| 15 | 15 | | (1) the name, zip code, and telephone number [and |
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| 16 | 16 | | address] of the cottage food production operation; and |
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| 17 | 17 | | (2) a statement that the food is not inspected by the |
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| 18 | 18 | | department or a local health department. |
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| 19 | 19 | | SECTION 2. Section 437.0194(b), Health and Safety Code, is |
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| 20 | 20 | | amended to read as follows: |
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| 21 | 21 | | (b) A cottage food production operation may sell a food |
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| 22 | 22 | | described by Section 437.001(2-b)(A) in this state through the |
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| 23 | 23 | | Internet or by mail order only if: |
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| 24 | 24 | | (1) the consumer purchases the food through the |
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| 25 | 25 | | Internet or by mail order from the operation and the operator |
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| 26 | 26 | | personally delivers the food to the consumer; and |
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| 27 | 27 | | (2) [subject to Subsection (c),] before the operator |
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| 28 | 28 | | accepts payment for the food, the operator provides all labeling |
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| 29 | 29 | | information required by Section 437.0193(d) and department rules to |
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| 30 | 30 | | the consumer by: |
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| 31 | 31 | | (A) posting a legible statement on the |
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| 32 | 32 | | operation's Internet website; |
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| 33 | 33 | | (B) publishing the information in a catalog; or |
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| 34 | 34 | | (C) otherwise communicating the information to |
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| 35 | 35 | | the consumer. |
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| 36 | 36 | | SECTION 3. Section 437.0194(c), Health and Safety Code, is |
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| 37 | 37 | | repealed. |
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| 38 | 38 | | SECTION 4. (a) Not later than January 1, 2024, the executive |
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| 39 | 39 | | commissioner of the Health and Human Services Commission shall |
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| 40 | 40 | | adopt the rules necessary to implement Section 437.0193(b), Health |
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| 41 | 41 | | and Safety Code, as amended by this Act. |
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| 42 | 42 | | (b) A person is not required to comply with Section |
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| 43 | 43 | | 437.0193(b), Health and Safety Code, as amended by this Act, until |
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| 44 | 44 | | January 1, 2024. |
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| 45 | 45 | | SECTION 5. This Act takes effect September 1, 2023. |
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