BILL ANALYSIS C.S.H.B. 2588 By: Hull Public Health Committee Report (Substituted) BACKGROUND AND PURPOSE In 2019, Texas passed the first cottage food laws, granting the freedom for home businesses and entrepreneurs, often women or homebound citizens, to provide food for their neighbors. The bill author has informed the committee that, since the passage of these laws, the COVID‑19 public health emergency increased demand for local food systems and increased the need to support the cottage food industry and promote transparency and food security for consumers and small home-run businesses. C.S.H.B. 2588 seeks to address this need by expanding the types of products that a cottage food production operation may sell, revising labeling requirements, establishing a registration requirement for the sale of certain foods, and prohibiting a local government authority from requiring an operation to obtain any type of license or permit to produce, sell, or provide samples of applicable food, among other provisions. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTIONS 5 and 7 of this bill. ANALYSIS C.S.H.B. 2588 amends the Health and Safety Code to revise the definition of "cottage food production operation" as follows: makes a 501(c)(3) nonprofit organization eligible to operate a cottage food production operation, in addition to individuals as provided under current law; specifies that, for a nonprofit organization, the food is produced at the home of an individual who is a director or officer of the nonprofit organization; expands the products an operation may produce to include any food, including a time and temperature control for safety food, except the following: o meat, meat products, poultry, or poultry products; o seafood, including seafood products, fish, fish products, shellfish, and shellfish products; o ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato; o low-acid canned goods; o products containing cannabidiol or tetrahydrocannabinol; or o raw milk and raw milk products; raises from $50,000 to $100,000 the cap on an operation's annual gross income from the sale of applicable food and provides for the Department of State Health Services (DSHS) to annually adjust the cap for inflation using the Consumer Price Index for All Urban Consumers (CPI-U); and provides the option for an operation, in addition to selling and delivering food to consumers as authorized under current law, to sell and deliver food to a cottage food vendor, defined by the bill as a person located in Texas who has a contractual relationship with the operation and sells directly to consumers located in Texas on behalf of the operation a food other than a time and temperature control for safety food. C.S.H.B. 2588 establishes that, notwithstanding any other law, a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from DSHS licensing requirements under the Texas Food, Drug, and Cosmetic Act. C.S.H.B. 2588 prohibits a local government authority, including a local health department, from doing the following: requiring a cottage food production operation to obtain any type of license or permit or pay any fee to produce, sell, or provide samples directly to a consumer or cottage food vendor of applicable food; or employing or continuing to employ a person who knowingly requires or attempts to require a cottage food production operation to obtain such a license or permit. C.S.H.B. 2588 does the following with respect to the labeling requirements for food sold by a cottage food production operation: replaces the requirement for the requisite label on food sold to consumers to include a statement that the food is not inspected by DSHS or a local health department with a requirement for the label to include a specified disclosure that the product was produced in a private residence that is not subject to governmental licensing or inspection; establishes that a cottage food production operation is not required to include its address on a food label if the operation registers with DSHS in the form and manner DSHS prescribes and if the operation includes on the label a unique identification number provided by DSHS, and authorizes the executive commissioner of the Health and Human Services Commission (HHSC) to adopt rules to implement this provision; repeals the requirement to include a specified statement with safe handling instructions to prevent illness from bacteria on the label of frozen raw and uncut fruit or vegetables or on an invoice or receipt provided with such food when sold but replaces it with a similar requirement applicable to all time and temperature control for safety food; and requires a cottage food production operation that sells a time and temperature control for safety food to include on the food label the date the food was made. C.S.H.B. 2588 authorizes a cottage food production operation to sell food to a cottage food vendor at wholesale, except for food described by specified provisions or a time and temperature control for safety food. C.S.H.B. 2588 removes mail order as an authorized method through which a cottage food production operation may sell food in Texas. The bill retains the authorization in current law for a cottage food production operation to make a sale through the Internet and revises the conditions that must be met for such a sale in the following ways: provides the option for food purchased from the operation through the Internet to be personally delivered to the consumer by the operator's employee or household member as an alternative to the operator; and removes the options to provide the requisite labeling information to the consumer before accepting payment by publishing the information in a catalog or communicating the information in a manner other than posting a legible statement on the operation's website. The bill provides the option for an operator, as an alternative to providing the operation's address on the label of food sold through the Internet after accepting payment for the food, to provide instead the operation's unique identification number. C.S.H.B. 2588 requires a cottage food production operation that sells to consumers a time and temperature control for safety food to do the following: register with DSHS in the form and manner prescribed by DSHS; store and deliver the food at the air temperature necessary to prevent the growth of bacteria that may cause human illness; and label the food in accordance with applicable requirements. The bill authorizes the executive commissioner of HHSC to adopt rules to implement these requirements for the sale of a time and temperature control for safety food. The bill accordingly repeals the existing requirements for the sale of frozen raw and uncut fruit or vegetables relating to labeling and safe storage and delivery temperature. C.S.H.B. 2588 authorizes a cottage food production operation to do the following: provide samples of its products to consumers at any location in Texas in accordance with the sanitary standards set out in statutory provisions regulating food samples at farms and farmers' markets; and donate food other than time and temperature control for safety food for sale or service at an event, including a religious or charitable organization's bake sale, to the same extent an individual is allowed by law to donate food. C.S.H.B. 2588 authorizes a cottage food vendor to sell food produced by a cottage food production operation, other than food such an operation may not sell generally or a time and temperature control for safety food, directly to consumers at a farmers' market, farm stand, food service establishment, or any retail store. The bill sets out the following related requirements: a requirement for such a vendor to display in a prominent place near the location where the food is offered for sale a sign with a specified disclosure that the food was produced in a private residence that is not subject to governmental licensing or inspection; and a requirement for food produced by a cottage food production operation and sold by a cottage food vendor to include on the label the date the food was made. The bill requires a cottage food vendor that purchases food from a cottage food production operation at wholesale to register with DSHS in the form and manner DSHS prescribes and authorizes the executive commissioner of HHSC to adopt rules to implement this registration requirement. C.S.H.B. 2588 repeals the following provisions of the Health and Safety Code: Section 437.0193(d); Section 437.01952; the heading to Section 437.0196; and Section 437.0196(b). EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2588 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute omits a provision from the introduced requiring the bill to be known as the Food Freedom Act. Both the introduced and substitute raise from $50,000 to $100,000 the cap on a cottage food production operation's annual gross income from the sale of food, but the introduced provided for the cap to be indexed for inflation as of 2026, whereas the substitute provides for DSHS to annually adjust the cap for inflation using the CPI-U. With respect to the definition of "cottage food vendor," the substitute specifies that the vendor and the consumers to whom the food is sold are located in Texas, which the introduced did not do so. The substitute includes a provision absent from the introduced establishing that a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from DSHS licensing requirements under the Texas Food, Drug, and Cosmetic Act. With respect to the provision in both versions excepting a cottage food production operation from the requirement to include its address on a food label if the operation registers with DSHS, the substitute includes as a condition of the exception that the operation include on the label a unique identification number provided by DSHS, whereas the introduced did not include this condition. The substitute includes a provision absent from the introduced that provides the option for an operator of a cottage food production operation that sells a food through the Internet, as an alternative to providing the operation's address on the food label after accepting payment for the food, to provide instead the operation's unique identification number. With respect to the requirement included in both versions for a cottage food production operation that sells to consumers a time and temperature control for safety food to register with DSHS, the substitute clarifies that such registration is in the form and manner prescribed by DSHS, whereas the introduced did not. The substitute includes a provision absent from the introduced authorizing the executive commissioner of HHSC to adopt rules to implement the requirements for the sale of a time and temperature control for safety food.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 2588
By: Hull
Public Health
Committee Report (Substituted)
C.S.H.B. 2588
By: Hull
Public Health
Committee Report (Substituted)
BACKGROUND AND PURPOSE In 2019, Texas passed the first cottage food laws, granting the freedom for home businesses and entrepreneurs, often women or homebound citizens, to provide food for their neighbors. The bill author has informed the committee that, since the passage of these laws, the COVID‑19 public health emergency increased demand for local food systems and increased the need to support the cottage food industry and promote transparency and food security for consumers and small home-run businesses. C.S.H.B. 2588 seeks to address this need by expanding the types of products that a cottage food production operation may sell, revising labeling requirements, establishing a registration requirement for the sale of certain foods, and prohibiting a local government authority from requiring an operation to obtain any type of license or permit to produce, sell, or provide samples of applicable food, among other provisions.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTIONS 5 and 7 of this bill.
ANALYSIS C.S.H.B. 2588 amends the Health and Safety Code to revise the definition of "cottage food production operation" as follows: makes a 501(c)(3) nonprofit organization eligible to operate a cottage food production operation, in addition to individuals as provided under current law; specifies that, for a nonprofit organization, the food is produced at the home of an individual who is a director or officer of the nonprofit organization; expands the products an operation may produce to include any food, including a time and temperature control for safety food, except the following: o meat, meat products, poultry, or poultry products; o seafood, including seafood products, fish, fish products, shellfish, and shellfish products; o ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato; o low-acid canned goods; o products containing cannabidiol or tetrahydrocannabinol; or o raw milk and raw milk products; raises from $50,000 to $100,000 the cap on an operation's annual gross income from the sale of applicable food and provides for the Department of State Health Services (DSHS) to annually adjust the cap for inflation using the Consumer Price Index for All Urban Consumers (CPI-U); and provides the option for an operation, in addition to selling and delivering food to consumers as authorized under current law, to sell and deliver food to a cottage food vendor, defined by the bill as a person located in Texas who has a contractual relationship with the operation and sells directly to consumers located in Texas on behalf of the operation a food other than a time and temperature control for safety food. C.S.H.B. 2588 establishes that, notwithstanding any other law, a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from DSHS licensing requirements under the Texas Food, Drug, and Cosmetic Act. C.S.H.B. 2588 prohibits a local government authority, including a local health department, from doing the following: requiring a cottage food production operation to obtain any type of license or permit or pay any fee to produce, sell, or provide samples directly to a consumer or cottage food vendor of applicable food; or employing or continuing to employ a person who knowingly requires or attempts to require a cottage food production operation to obtain such a license or permit. C.S.H.B. 2588 does the following with respect to the labeling requirements for food sold by a cottage food production operation: replaces the requirement for the requisite label on food sold to consumers to include a statement that the food is not inspected by DSHS or a local health department with a requirement for the label to include a specified disclosure that the product was produced in a private residence that is not subject to governmental licensing or inspection; establishes that a cottage food production operation is not required to include its address on a food label if the operation registers with DSHS in the form and manner DSHS prescribes and if the operation includes on the label a unique identification number provided by DSHS, and authorizes the executive commissioner of the Health and Human Services Commission (HHSC) to adopt rules to implement this provision; repeals the requirement to include a specified statement with safe handling instructions to prevent illness from bacteria on the label of frozen raw and uncut fruit or vegetables or on an invoice or receipt provided with such food when sold but replaces it with a similar requirement applicable to all time and temperature control for safety food; and requires a cottage food production operation that sells a time and temperature control for safety food to include on the food label the date the food was made. C.S.H.B. 2588 authorizes a cottage food production operation to sell food to a cottage food vendor at wholesale, except for food described by specified provisions or a time and temperature control for safety food. C.S.H.B. 2588 removes mail order as an authorized method through which a cottage food production operation may sell food in Texas. The bill retains the authorization in current law for a cottage food production operation to make a sale through the Internet and revises the conditions that must be met for such a sale in the following ways: provides the option for food purchased from the operation through the Internet to be personally delivered to the consumer by the operator's employee or household member as an alternative to the operator; and removes the options to provide the requisite labeling information to the consumer before accepting payment by publishing the information in a catalog or communicating the information in a manner other than posting a legible statement on the operation's website. The bill provides the option for an operator, as an alternative to providing the operation's address on the label of food sold through the Internet after accepting payment for the food, to provide instead the operation's unique identification number. C.S.H.B. 2588 requires a cottage food production operation that sells to consumers a time and temperature control for safety food to do the following: register with DSHS in the form and manner prescribed by DSHS; store and deliver the food at the air temperature necessary to prevent the growth of bacteria that may cause human illness; and label the food in accordance with applicable requirements. The bill authorizes the executive commissioner of HHSC to adopt rules to implement these requirements for the sale of a time and temperature control for safety food. The bill accordingly repeals the existing requirements for the sale of frozen raw and uncut fruit or vegetables relating to labeling and safe storage and delivery temperature. C.S.H.B. 2588 authorizes a cottage food production operation to do the following: provide samples of its products to consumers at any location in Texas in accordance with the sanitary standards set out in statutory provisions regulating food samples at farms and farmers' markets; and donate food other than time and temperature control for safety food for sale or service at an event, including a religious or charitable organization's bake sale, to the same extent an individual is allowed by law to donate food. C.S.H.B. 2588 authorizes a cottage food vendor to sell food produced by a cottage food production operation, other than food such an operation may not sell generally or a time and temperature control for safety food, directly to consumers at a farmers' market, farm stand, food service establishment, or any retail store. The bill sets out the following related requirements: a requirement for such a vendor to display in a prominent place near the location where the food is offered for sale a sign with a specified disclosure that the food was produced in a private residence that is not subject to governmental licensing or inspection; and a requirement for food produced by a cottage food production operation and sold by a cottage food vendor to include on the label the date the food was made. The bill requires a cottage food vendor that purchases food from a cottage food production operation at wholesale to register with DSHS in the form and manner DSHS prescribes and authorizes the executive commissioner of HHSC to adopt rules to implement this registration requirement. C.S.H.B. 2588 repeals the following provisions of the Health and Safety Code: Section 437.0193(d); Section 437.01952; the heading to Section 437.0196; and Section 437.0196(b).
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2588 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute omits a provision from the introduced requiring the bill to be known as the Food Freedom Act. Both the introduced and substitute raise from $50,000 to $100,000 the cap on a cottage food production operation's annual gross income from the sale of food, but the introduced provided for the cap to be indexed for inflation as of 2026, whereas the substitute provides for DSHS to annually adjust the cap for inflation using the CPI-U. With respect to the definition of "cottage food vendor," the substitute specifies that the vendor and the consumers to whom the food is sold are located in Texas, which the introduced did not do so. The substitute includes a provision absent from the introduced establishing that a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from DSHS licensing requirements under the Texas Food, Drug, and Cosmetic Act. With respect to the provision in both versions excepting a cottage food production operation from the requirement to include its address on a food label if the operation registers with DSHS, the substitute includes as a condition of the exception that the operation include on the label a unique identification number provided by DSHS, whereas the introduced did not include this condition. The substitute includes a provision absent from the introduced that provides the option for an operator of a cottage food production operation that sells a food through the Internet, as an alternative to providing the operation's address on the food label after accepting payment for the food, to provide instead the operation's unique identification number. With respect to the requirement included in both versions for a cottage food production operation that sells to consumers a time and temperature control for safety food to register with DSHS, the substitute clarifies that such registration is in the form and manner prescribed by DSHS, whereas the introduced did not. The substitute includes a provision absent from the introduced authorizing the executive commissioner of HHSC to adopt rules to implement the requirements for the sale of a time and temperature control for safety food.
BACKGROUND AND PURPOSE
In 2019, Texas passed the first cottage food laws, granting the freedom for home businesses and entrepreneurs, often women or homebound citizens, to provide food for their neighbors. The bill author has informed the committee that, since the passage of these laws, the COVID‑19 public health emergency increased demand for local food systems and increased the need to support the cottage food industry and promote transparency and food security for consumers and small home-run businesses. C.S.H.B. 2588 seeks to address this need by expanding the types of products that a cottage food production operation may sell, revising labeling requirements, establishing a registration requirement for the sale of certain foods, and prohibiting a local government authority from requiring an operation to obtain any type of license or permit to produce, sell, or provide samples of applicable food, among other provisions.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTIONS 5 and 7 of this bill.
ANALYSIS
C.S.H.B. 2588 amends the Health and Safety Code to revise the definition of "cottage food production operation" as follows:
makes a 501(c)(3) nonprofit organization eligible to operate a cottage food production operation, in addition to individuals as provided under current law;
specifies that, for a nonprofit organization, the food is produced at the home of an individual who is a director or officer of the nonprofit organization;
expands the products an operation may produce to include any food, including a time and temperature control for safety food, except the following:
o meat, meat products, poultry, or poultry products;
o seafood, including seafood products, fish, fish products, shellfish, and shellfish products;
o ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato;
o low-acid canned goods;
o products containing cannabidiol or tetrahydrocannabinol; or
o raw milk and raw milk products;
raises from $50,000 to $100,000 the cap on an operation's annual gross income from the sale of applicable food and provides for the Department of State Health Services (DSHS) to annually adjust the cap for inflation using the Consumer Price Index for All Urban Consumers (CPI-U); and
provides the option for an operation, in addition to selling and delivering food to consumers as authorized under current law, to sell and deliver food to a cottage food vendor, defined by the bill as a person located in Texas who has a contractual relationship with the operation and sells directly to consumers located in Texas on behalf of the operation a food other than a time and temperature control for safety food.
C.S.H.B. 2588 establishes that, notwithstanding any other law, a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from DSHS licensing requirements under the Texas Food, Drug, and Cosmetic Act.
C.S.H.B. 2588 prohibits a local government authority, including a local health department, from doing the following:
requiring a cottage food production operation to obtain any type of license or permit or pay any fee to produce, sell, or provide samples directly to a consumer or cottage food vendor of applicable food; or
employing or continuing to employ a person who knowingly requires or attempts to require a cottage food production operation to obtain such a license or permit.
C.S.H.B. 2588 does the following with respect to the labeling requirements for food sold by a cottage food production operation:
replaces the requirement for the requisite label on food sold to consumers to include a statement that the food is not inspected by DSHS or a local health department with a requirement for the label to include a specified disclosure that the product was produced in a private residence that is not subject to governmental licensing or inspection;
establishes that a cottage food production operation is not required to include its address on a food label if the operation registers with DSHS in the form and manner DSHS prescribes and if the operation includes on the label a unique identification number provided by DSHS, and authorizes the executive commissioner of the Health and Human Services Commission (HHSC) to adopt rules to implement this provision;
repeals the requirement to include a specified statement with safe handling instructions to prevent illness from bacteria on the label of frozen raw and uncut fruit or vegetables or on an invoice or receipt provided with such food when sold but replaces it with a similar requirement applicable to all time and temperature control for safety food; and
requires a cottage food production operation that sells a time and temperature control for safety food to include on the food label the date the food was made.
C.S.H.B. 2588 authorizes a cottage food production operation to sell food to a cottage food vendor at wholesale, except for food described by specified provisions or a time and temperature control for safety food.
C.S.H.B. 2588 removes mail order as an authorized method through which a cottage food production operation may sell food in Texas. The bill retains the authorization in current law for a cottage food production operation to make a sale through the Internet and revises the conditions that must be met for such a sale in the following ways:
provides the option for food purchased from the operation through the Internet to be personally delivered to the consumer by the operator's employee or household member as an alternative to the operator; and
removes the options to provide the requisite labeling information to the consumer before accepting payment by publishing the information in a catalog or communicating the information in a manner other than posting a legible statement on the operation's website.
The bill provides the option for an operator, as an alternative to providing the operation's address on the label of food sold through the Internet after accepting payment for the food, to provide instead the operation's unique identification number.
C.S.H.B. 2588 requires a cottage food production operation that sells to consumers a time and temperature control for safety food to do the following:
register with DSHS in the form and manner prescribed by DSHS;
store and deliver the food at the air temperature necessary to prevent the growth of bacteria that may cause human illness; and
label the food in accordance with applicable requirements.
The bill authorizes the executive commissioner of HHSC to adopt rules to implement these requirements for the sale of a time and temperature control for safety food. The bill accordingly repeals the existing requirements for the sale of frozen raw and uncut fruit or vegetables relating to labeling and safe storage and delivery temperature.
C.S.H.B. 2588 authorizes a cottage food production operation to do the following:
provide samples of its products to consumers at any location in Texas in accordance with the sanitary standards set out in statutory provisions regulating food samples at farms and farmers' markets; and
donate food other than time and temperature control for safety food for sale or service at an event, including a religious or charitable organization's bake sale, to the same extent an individual is allowed by law to donate food.
C.S.H.B. 2588 authorizes a cottage food vendor to sell food produced by a cottage food production operation, other than food such an operation may not sell generally or a time and temperature control for safety food, directly to consumers at a farmers' market, farm stand, food service establishment, or any retail store. The bill sets out the following related requirements:
a requirement for such a vendor to display in a prominent place near the location where the food is offered for sale a sign with a specified disclosure that the food was produced in a private residence that is not subject to governmental licensing or inspection; and
a requirement for food produced by a cottage food production operation and sold by a cottage food vendor to include on the label the date the food was made.
The bill requires a cottage food vendor that purchases food from a cottage food production operation at wholesale to register with DSHS in the form and manner DSHS prescribes and authorizes the executive commissioner of HHSC to adopt rules to implement this registration requirement.
C.S.H.B. 2588 repeals the following provisions of the Health and Safety Code:
Section 437.0193(d);
Section 437.01952;
the heading to Section 437.0196; and
Section 437.0196(b).
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 2588 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute omits a provision from the introduced requiring the bill to be known as the Food Freedom Act.
Both the introduced and substitute raise from $50,000 to $100,000 the cap on a cottage food production operation's annual gross income from the sale of food, but the introduced provided for the cap to be indexed for inflation as of 2026, whereas the substitute provides for DSHS to annually adjust the cap for inflation using the CPI-U.
With respect to the definition of "cottage food vendor," the substitute specifies that the vendor and the consumers to whom the food is sold are located in Texas, which the introduced did not do so.
The substitute includes a provision absent from the introduced establishing that a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from DSHS licensing requirements under the Texas Food, Drug, and Cosmetic Act.
With respect to the provision in both versions excepting a cottage food production operation from the requirement to include its address on a food label if the operation registers with DSHS, the substitute includes as a condition of the exception that the operation include on the label a unique identification number provided by DSHS, whereas the introduced did not include this condition.
The substitute includes a provision absent from the introduced that provides the option for an operator of a cottage food production operation that sells a food through the Internet, as an alternative to providing the operation's address on the food label after accepting payment for the food, to provide instead the operation's unique identification number.
With respect to the requirement included in both versions for a cottage food production operation that sells to consumers a time and temperature control for safety food to register with DSHS, the substitute clarifies that such registration is in the form and manner prescribed by DSHS, whereas the introduced did not.
The substitute includes a provision absent from the introduced authorizing the executive commissioner of HHSC to adopt rules to implement the requirements for the sale of a time and temperature control for safety food.