88R11094 MCF-D
By: Hughes S.B. No. 1247
A BILL TO BE ENTITLED
AN ACT
relating to the delivery of cottage food by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.001(2-b), Health and Safety Code, is
amended 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 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 beets and carrots, that are preserved in vinegar, brine,
or a similar solution at an equilibrium pH value of 4.6 or less;
(xiv) mustard;
(xv) roasted coffee or dry tea;
(xvi) a dried herb or dried herb mix;
(xvii) plant-based acidified canned goods;
(xviii) fermented vegetable products,
including products that are refrigerated to preserve quality;
(xix) frozen raw and uncut 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; and
(D) delivers products to the consumer:
(i) at the point of sale or another location
designated by the consumer; or
(ii) by mail.
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:
(1) [(A)] posting a legible statement on the
operation's Internet website;
(2) [(B)] publishing the information in a catalog; or
(3) [(C)] otherwise communicating the information to
the consumer.
SECTION 3. This Act takes effect September 1, 2023.