88R1841 LRM-D
By: Goodwin H.B. No. 95
A BILL TO BE ENTITLED
AN ACT
relating to food labeling by a cottage food production operation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.0193(b), Health and Safety Code, is
amended to read as follows:
(b) The executive commissioner shall adopt rules requiring
a cottage food production operation to label all of the foods
described in Section 437.001(2-b)(A) that the operation sells to
consumers. The label must include:
(1) the name, zip code, and telephone number [and
address] of the cottage food production operation; and
(2) a statement that the food is not inspected by the
department or a local health department.
SECTION 2. Section 437.0194(b), Health and Safety Code, is
amended to read as follows:
(b) A cottage food production operation may sell a food
described by Section 437.001(2-b)(A) in this state through the
Internet or by mail order only if:
(1) 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; and
(2) [subject to Subsection (c),] before the operator
accepts payment for the food, the operator provides all labeling
information required by Section 437.0193(d) and department rules to
the consumer by:
(A) posting a legible statement on the
operation's Internet website;
(B) publishing the information in a catalog; or
(C) otherwise communicating the information to
the consumer.
SECTION 3. Section 437.0194(c), Health and Safety Code, is
repealed.
SECTION 4. (a) Not later than January 1, 2024, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules necessary to implement Section 437.0193(b), Health
and Safety Code, as amended by this Act.
(b) A person is not required to comply with Section
437.0193(b), Health and Safety Code, as amended by this Act, until
January 1, 2024.
SECTION 5. This Act takes effect September 1, 2023.