By: Hull H.B. No. 2588
A BILL TO BE ENTITLED
AN ACT
relating to cottage food production operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Food Freedom Act.
SECTION 2. Section 437.001, Health and Safety Code, is
amended by amending Subdivision (2-b) and adding Subdivisions (3)
and (5-a) to read as follows:
(2-b) "Cottage food production operation" means an
individual, operating out of the individual's home, [who] or a
nonprofit organization that:
(A) produces at the individual's home or the home
of an individual who is a director or officer of the nonprofit
organization, as applicable, [subject to Section 437.0196], any
food except:
(i) meat, meat products, poultry, or
poultry products;
(ii) seafood, seafood products, fish, fish
products, shellfish, or shellfish products;
(iii) ice or ice products, including shaved
ice, ice cream, frozen custard, popsicles, or gelato;
(iv) low-acid canned goods;
(v) products containing CBD or THC;
(vi) raw milk or raw milk products.
[(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 $100,000
[$50,000] or less, indexed for inflation as of 2026, from the sale
of food described by Paragraph (A);
(C) sells the foods produced under Paragraph (A)
[only] directly to consumers or to a cottage food vendor; and
(D) delivers products to the consumer or cottage
food vendor at the point of sale or another location designated by
the consumer or cottage food vendor.
(3) "Cottage food vendor" means a person who:
(A) has a contractual relationship with a cottage
food production operation; and
(B) sells non-Time or Temperature Controlled for
Safety foods on behalf of the cottage food production operation
directly to consumers.
(5-a) "Nonprofit organization" means an organization
exempt from federal income tax under Section 501(a), Internal
Revenue Code of 1986, as an organization described by Section
501(c)(3) of that code.
SECTION 3. Section 437.0192, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) A local government authority, including a local health
department, may not:
(1) regulate the production of food at a cottage food
production operation; or
(2) require a cottage food production operation to
obtain any type of license or permit or pay any fee to produce,
sell, or provide samples of food described by Section
437.001(2-b)(A) directly to a consumer or cottage food vendor.
(c) A local government authority, including a local health
department, may not employ or continue to employ a person who
knowingly requires or attempts to require a cottage food production
operation to obtain a license or permit in violation of Subsection
(a)(2).
SECTION 4. Section 437.0193, Health and Safety Code, is
amended by amending Subsections (b) and (d), and adding Subsections
(b-1) and (e) 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 and address of the cottage food
production operation; and
(2) the following disclosure:
"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT
SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." [a statement
that the food is not inspected by the department or a local health
department.]
(b-1) Notwithstanding Subsection (b)(1), a cottage food
production operation is not required to include on a food label the
address of the operation if the operation registers with the
department in the form and manner the department prescribes. The
executive commissioner may adopt rules to implement this
subsection.
(d) A cottage food production operation that sells
time-and-temperature-control-for-safety food must include on the
label or on an invoice or receipt provided with the food when sold
the following statement in at least 12-point font: "SAFE HANDLING
INSTRUCTIONS: To prevent illness from bacteria, keep this food
refrigerated or frozen until the food is prepared for consumption."
[A cottage food production operation that sells frozen raw
and uncut fruit or vegetables must include on the label of the
frozen fruit or vegetables or on an invoice or receipt provided with
the frozen fruit or vegetables when sold the following statement in
at least 12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent
illness from bacteria, keep this food frozen until preparing for
consumption."]
SECTION 5. Section 437.0194, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) Except as provided by Subsection (a-1), a [A] cottage
food production operation may not sell any of the foods described in
Section 437.001(2-b)(A) at wholesale.
(a-1) A cottage food production operation may sell non-time
or temperature controlled for safety foods to a cottage food vendor
at wholesale.
(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 or
operator's employee or household member 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 6. Chapter 437, Health and Safety Code, is amended
by amending Sec. 437.01952 as follows:
437.01952 [REQUIREMENTS FOR SALE OF FROZEN FRUIT OR
VEGETABLES. A cottage food production operation that sells to
consumers frozen raw and uncut fruit or vegetables shall:
[(1) store and deliver the frozen fruit or vegetables
at an air temperature of not more than 32 degrees Fahrenheit; and
[(2) label the fruit or vegetables in accordance with
Section 437.0193(d).] SAMPLING AND DONATING: (a) A cottage food
production operation may provide samples of its products to
consumers at any location in the state in accordance with the
standards set out in Section 437.020(c).
(b) A cottage food production operation may donate non-time
or temperature controlled for safety food for sale or service at a
function such as a religious or charitable organization's bake sale
to the same extent an individual is allowed by law.
SECTION 7. Chapter 437, Health and Safety Code, is amended
by adding Section 437.01953 to read as follows:
Sec. 437.01953. REQUIREMENTS FOR SALE OF CERTAIN FOODS. A
cottage food production operation that sells to consumers time and
temperature control for safety foods shall:
(1) register with the department;
(2) store and deliver the food at the air temperature
necessary to prevent the growth of bacteria that may cause human
illness;
(3) label the food in accordance with Section
437.0193(e); and
(4) label the food with a "made on" date.
SECTION 8. Section 437.0196(a), Health and Safety Code, is
amended to read as follows:
TIME AND TEMPERATURE CONTROL FOR SAFETY FOOD[; PROHIBITION
FOR COTTAGE FOOD PRODUCTION OPERATIONS; EXCEPTION.] (a) In this
section, "time and temperature control for safety food" means a
food that requires time and temperature control for safety to limit
pathogen growth or toxin production. The term includes a food that
must be held under proper temperature controls, such as
refrigeration, to prevent the growth of bacteria that may cause
human illness. A time and temperature control for safety food may
include a food that contains protein and moisture and is neutral or
slightly acidic, such as meat, poultry, fish, and shellfish
products, pasteurized and unpasteurized milk and dairy products,
raw seed sprouts, baked goods that require refrigeration, including
cream or custard pies or cakes, and ice products. The term does not
include a food that uses time and temperature control for safety
food as ingredients if the final food product does not require time
or temperature control for safety to limit pathogen growth or toxin
production.
[(b) Except as otherwise provided by this chapter, a cottage
food production operation may not sell to consumers time and
temperature control for safety foods.]
SECTION 9. Chapter 437, Health and Safety Code, is amended
by adding Section 437.01965 to read as follows:
Sec. 437.01965. COTTAGE FOOD VENDOR. (a) A cottage food
vendor may sell food described by Section 437.001(2-b)(A) that is
non-time or temperature controlled for safety directly to consumers
at a farmers' market, farm stand, food service establishment, or
any retail store.
(b) A cottage food vendor who sells food described by
Section 437.001(2-b)(A) must display in a prominent place near the
location where the food is offered for sale a sign with the
following disclosure:
"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT
SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
(c) Food produced by a cottage food operator and sold by a
cottage food vendor shall include a "made on" date on the label.
(d) A cottage food vendor that purchases food from a cottage
food production operation at wholesale shall register with the
department in the form and manner the department prescribes. The
executive commissioner may adopt rules to implement this
subsection.
SECTION 10. This Act takes effect September 1, 2025.