Texas 2023 - 88th Regular

Texas Senate Bill SB829 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Kolkhorst, et al. S.B. No. 829
2	2	(Goodwin, Gerdes, González of El Paso)
3	3	Substitute the following for S.B. No. 829: No.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to cottage food production operations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 437.001, Health and Safety Code, is
11	11	amended by amending Subdivision (2-b) and adding Subdivisions (3)
12	12	and (5-a) to read as follows:
13	13	(2-b) "Cottage food production operation" means an
14	14	individual, operating out of the individual's home, who or a
15	15	nonprofit organization that:
16	16	(A) produces at the individual's home or the home
17	17	of an individual who is a director or officer of the nonprofit
18	18	organization, as applicable, subject to Section 437.0196:
19	19	(i) a baked good, including a baked good
20	20	that is [not] a time and temperature control for safety food, as
21	21	defined by Section 437.0196, but that does not contain meat,
22	22	poultry, shellfish, or fish;
23	23	(ii) candy;
24	24	(iii) coated and uncoated nuts;
25	25	(iv) unroasted nut butters;
26	26	(v) fruit butters;
27	27	(vi) a canned jam or jelly;
28	28	(vii) a fruit pie;
29	29	(viii) dehydrated fruit or vegetables,
30	30	including dried beans;
31	31	(ix) popcorn and popcorn snacks;
32	32	(x) cereal, including granola;
33	33	(xi) dry mix;
34	34	(xii) vinegar;
35	35	(xiii) pickled fruit or vegetables,
36	36	including beets and carrots, that are preserved in vinegar, brine,
37	37	or a similar solution at an equilibrium pH value of 4.6 or less;
38	38	(xiv) mustard;
39	39	(xv) roasted coffee or dry tea;
40	40	(xvi) a dried herb or dried herb mix;
41	41	(xvii) plant-based acidified canned goods;
42	42	(xviii) fermented vegetable products,
43	43	including products that are refrigerated to preserve quality;
44	44	(xix) frozen raw and uncut fruit or
45	45	vegetables; or
46	46	(xx) any other food that is not a time and
47	47	temperature control for safety food, as defined by Section
48	48	437.0196, subject to Subparagraph (i);
49	49	(B) has an annual gross income of $100,000
50	50	[$50,000] or less from the sale of food described by Paragraph (A);
51	51	(C) sells the foods produced under Paragraph (A)
52	52	[only] directly to consumers or to a cottage food vendor; and
53	53	(D) delivers products to the consumer or cottage
54	54	food vendor at the point of sale or another location designated by
55	55	the consumer or cottage food vendor.
56	56	(3) "Cottage food vendor" means a person who:
57	57	(A) has a contractual relationship with a cottage
58	58	food production operation; and
59	59	(B) sells food described by Subdivision
60	60	(2-b)(A), except baked goods, on behalf of the cottage food
61	61	production operation directly to consumers.
62	62	(5-a) "Nonprofit organization" means an organization
63	63	exempt from federal income tax under Section 501(a), Internal
64	64	Revenue Code of 1986, as an organization described by Section
65	65	501(c)(3) of that code.
66	66	SECTION 2. Section 437.0192, Health and Safety Code, is
67	67	amended by amending Subsection (a) and adding Subsection (c) to
68	68	read as follows:
69	69	(a) A local government authority, including a local health
70	70	department, may not:
71	71	(1) regulate the production of food at a cottage food
72	72	production operation; or
73	73	(2) require a cottage food production operation to
74	74	obtain any type of license or permit or pay any fee to sell food
75	75	described by Section 437.001(2-b)(A) directly to a consumer or
76	76	cottage food vendor.
77	77	(c) A local government authority, including a local health
78	78	department, may not employ or continue to employ a person who
79	79	knowingly requires or attempts to require a cottage food production
80	80	operation to obtain a license or permit in violation of Subsection
81	81	(a)(2).
82	82	SECTION 3. Section 437.0193, Health and Safety Code, is
83	83	amended by amending Subsection (b) and adding Subsections (b-1) and
84	84	(e) to read as follows:
85	85	(b) The executive commissioner shall adopt rules requiring
86	86	a cottage food production operation to label all of the foods
87	87	described in Section 437.001(2-b)(A) that the operation sells to
88	88	consumers. The label must include:
89	89	(1) the name and address of the cottage food
90	90	production operation; [and]
91	91	(2) the words "prepared on" immediately followed by
92	92	the date on which the food is prepared; and
93	93	(3) the following disclosure:
94	94	"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE AND IS NOT
95	95	SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." [a statement that
96	96	the food is not inspected by the department or a local health
97	97	department.]
98	98	(b-1) Notwithstanding Subsection (b)(1), a cottage food
99	99	production operation is not required to include on a food label the
100	100	address of the operation if the operation registers with the
101	101	department in the form and manner prescribed by the department. The
102	102	executive commissioner may adopt rules to implement this
103	103	subsection.
104	104	(e) A cottage food production operation that sells time and
105	105	temperature control for safety baked goods must include on the
106	106	label of the food or on an invoice or receipt provided with the food
107	107	when sold the following statement in at least 12-point font: "SAFE
108	108	HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this
109	109	food refrigerated or frozen until the food is prepared for
110	110	consumption."
111	111	SECTION 4. Section 437.0194, Health and Safety Code, is
112	112	amended by amending Subsection (a) and adding Subsection (a-1) to
113	113	read as follows:
114	114	(a) Except as provided by Subsection (a-1), a [A] cottage
115	115	food production operation may not sell any of the foods described in
116	116	Section 437.001(2-b)(A) at wholesale.
117	117	(a-1) A cottage food production operation may sell food
118	118	described by Section 437.001(2-b)(A), except baked goods, to a
119	119	cottage food vendor at wholesale.
120	120	SECTION 5. Chapter 437, Health and Safety Code, is amended
121	121	by adding Section 437.01953 to read as follows:
122	122	Sec. 437.01953. REQUIREMENTS FOR SALE OF CERTAIN BAKED
123	123	GOODS. A cottage food production operation that sells to consumers
124	124	time and temperature control for safety baked goods shall:
125	125	(1) store and deliver the food at the air temperature
126	126	necessary to prevent the growth of bacteria that may cause human
127	127	illness; and
128	128	(2) label the food in accordance with Section
129	129	437.0193(e).
130	130	SECTION 6. Section 437.0196(a), Health and Safety Code, is
131	131	amended to read as follows:
132	132	(a) In this section, "time and temperature control for
133	133	safety food" means a food that requires time and temperature
134	134	control for safety to limit pathogen growth or toxin production.
135	135	The term includes a food that must be held under proper temperature
136	136	controls, such as refrigeration, to prevent the growth of bacteria
137	137	that may cause human illness. A time and temperature control for
138	138	safety food may include a food that contains protein and moisture
139	139	and is neutral or slightly acidic, such as meat, poultry, fish, and
140	140	shellfish products, pasteurized and unpasteurized milk and dairy
141	141	products, raw seed sprouts, [baked goods that require
142	142	refrigeration, including cream or custard pies or cakes,] and ice
143	143	products. The term does not include a food that uses time and
144	144	temperature control for safety food as ingredients if the final
145	145	food product does not require time or temperature control for
146	146	safety to limit pathogen growth or toxin production.
147	147	SECTION 7. Chapter 437, Health and Safety Code, is amended
148	148	by adding Section 437.01965 to read as follows:
149	149	Sec. 437.01965. COTTAGE FOOD VENDOR. (a) A cottage food
150	150	vendor may sell food described by Section 437.001(2-b)(A), except
151	151	baked goods, directly to consumers at a farmers' market, farm
152	152	stand, food service establishment, or any retail store.
153	153	(b) A cottage food vendor who sells food described by
154	154	Section 437.001(2-b)(A) must display in a prominent place near the
155	155	location where the food is offered for sale a sign with the
156	156	following disclosure:
157	157	"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE AND IS NOT
158	158	SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
159	159	(c) A cottage food vendor that purchases food from a cottage
160	160	food production operation at wholesale shall register with the
161	161	department in the form and manner prescribed by the department. The
162	162	executive commissioner may adopt rules to implement this
163	163	subsection.
164	164	SECTION 8. This Act takes effect September 1, 2023.