89R15141 JTZ-D
By: Harless H.B. No. 3825
A BILL TO BE ENTITLED
AN ACT
relating to the limitation on annual gross income of cottage food
production operations.
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 $150,000
[$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 at the
point of sale or another location designated by the consumer.
SECTION 2. This Act takes effect September 1, 2025.