Texas 2025 - 89th Regular

Texas House Bill HB520 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3524 JTZ-F
2	2	By: Goodwin H.B. No. 520
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to cottage food production operations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 437.001, Health and Safety Code, is
12	12	amended by amending Subdivision (2-b) and adding Subdivisions (3)
13	13	and (5-a) to read as follows:
14	14	(2-b) "Cottage food production operation" means an
15	15	individual, operating out of the individual's home, who or a
16	16	nonprofit organization that:
17	17	(A) produces at the individual's home or the home
18	18	of an individual who is a director or officer of the nonprofit
19	19	organization, as applicable, subject to Section 437.0196:
20	20	(i) a baked good, including a baked good
21	21	that requires [is not a] time and temperature control for safety to
22	22	limit pathogen growth or toxin production, but does not contain
23	23	meat, poultry, shellfish, or fish [food, as defined by Section
24	24	437.0196];
25	25	(ii) candy;
26	26	(iii) coated and uncoated nuts;
27	27	(iv) unroasted nut butters;
28	28	(v) fruit butters;
29	29	(vi) a canned jam or jelly;
30	30	(vii) a fruit pie;
31	31	(viii) dehydrated fruit or vegetables,
32	32	including dried beans;
33	33	(ix) popcorn and popcorn snacks;
34	34	(x) cereal, including granola;
35	35	(xi) dry mix;
36	36	(xii) vinegar;
37	37	(xiii) pickled fruit or vegetables,
38	38	including beets and carrots, that are preserved in vinegar, brine,
39	39	or a similar solution at an equilibrium pH value of 4.6 or less;
40	40	(xiv) mustard;
41	41	(xv) roasted coffee or dry tea;
42	42	(xvi) a dried herb or dried herb mix;
43	43	(xvii) plant-based acidified canned goods;
44	44	(xviii) fermented vegetable products,
45	45	including products that are refrigerated to preserve quality;
46	46	(xix) frozen raw and uncut fruit or
47	47	vegetables; or
48	48	(xx) any other food that is not a time and
49	49	temperature control for safety food, as defined by Section
50	50	437.0196, subject to Subparagraph (i);
51	51	(B) has an annual gross income of $100,000
52	52	[$50,000] or less from the sale of food described by Paragraph (A);
53	53	(C) sells the foods produced under Paragraph (A)
54	54	[only] directly to consumers or to a cottage food vendor; and
55	55	(D) delivers products to the consumer or cottage
56	56	food vendor at the point of sale or another location designated by
57	57	the consumer or cottage food vendor.
58	58	(3) "Cottage food vendor" means a person who:
59	59	(A) has a contractual relationship with a cottage
60	60	food production operation; and
61	61	(B) sells food described by Subdivision
62	62	(2-b)(A), except baked goods, on behalf of the cottage food
63	63	production operation directly to consumers.
64	64	(5-a) "Nonprofit organization" means an organization
65	65	exempt from federal income tax under Section 501(a), Internal
66	66	Revenue Code of 1986, as an organization described by Section
67	67	501(c)(3) of that code.
68	68	SECTION 2. Section 437.0192, Health and Safety Code, is
69	69	amended by amending Subsection (a) and adding Subsection (c) to
70	70	read as follows:
71	71	(a) A local government authority, including a local health
72	72	department, may not:
73	73	(1) regulate the production of food at a cottage food
74	74	production operation; or
75	75	(2) require a cottage food production operation to
76	76	obtain any type of license or permit or pay any fee to sell food
77	77	described by Section 437.001(2-b)(A) directly to a consumer or
78	78	cottage food vendor.
79	79	(c) A local government authority, including a local health
80	80	department, may not employ or continue to employ a person who
81	81	knowingly requires or attempts to require a cottage food production
82	82	operation to obtain a license or permit in violation of Subsection
83	83	(a)(2).
84	84	SECTION 3. Section 437.0193, Health and Safety Code, is
85	85	amended by amending Subsection (b) and adding Subsections (b-1) and
86	86	(e) to read as follows:
87	87	(b) The executive commissioner shall adopt rules requiring
88	88	a cottage food production operation to label all of the foods
89	89	described in Section 437.001(2-b)(A) that the operation sells to
90	90	consumers. The label must include:
91	91	(1) the name and address of the cottage food
92	92	production operation; [and]
93	93	(2) the words "prepared on" immediately followed by
94	94	the date on which the food is prepared; and
95	95	(3) the following disclosure:
96	96	"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE AND IS NOT
97	97	SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." [a statement that
98	98	the food is not inspected by the department or a local health
99	99	department.]
100	100	(b-1) Notwithstanding Subsection (b)(1), a cottage food
101	101	production operation is not required to include on a food label the
102	102	address of the operation if the operation registers with the
103	103	department in the form and manner the department prescribes. The
104	104	executive commissioner may adopt rules to implement this
105	105	subsection.
106	106	(e) A cottage food production operation that sells time and
107	107	temperature control for safety baked goods must include on the food
108	108	label or on an invoice or receipt provided with the food when sold
109	109	the following statement in at least 12-point font: "SAFE HANDLING
110	110	INSTRUCTIONS: To prevent illness from bacteria, keep this food
111	111	refrigerated or frozen until the food is prepared for consumption."
112	112	SECTION 4. Section 437.0194, Health and Safety Code, is
113	113	amended by amending Subsection (a) and adding Subsection (a-1) to
114	114	read as follows:
115	115	(a) Except as provided by Subsection (a-1), a [A] cottage
116	116	food production operation may not sell any of the foods described in
117	117	Section 437.001(2-b)(A) at wholesale.
118	118	(a-1) A cottage food production operation may sell food
119	119	described by Section 437.001(2-b)(A), except baked goods, to a
120	120	cottage food vendor at wholesale.
121	121	SECTION 5. Chapter 437, Health and Safety Code, is amended
122	122	by adding Section 437.01953 to read as follows:
123	123	Sec. 437.01953. REQUIREMENTS FOR SALE OF CERTAIN BAKED
124	124	GOODS. A cottage food production operation that sells to consumers
125	125	time and temperature control for safety baked goods shall:
126	126	(1) store and deliver the food at the air temperature
127	127	necessary to prevent the growth of bacteria that may cause human
128	128	illness; and
129	129	(2) label the food in accordance with Section
130	130	437.0193(e).
131	131	SECTION 6. Section 437.0196(a), Health and Safety Code, is
132	132	amended to read as follows:
133	133	(a) In this section, "time and temperature control for
134	134	safety food" means a food that requires time and temperature
135	135	control for safety to limit pathogen growth or toxin production.
136	136	The term includes a food that must be held under proper temperature
137	137	controls, such as refrigeration, to prevent the growth of bacteria
138	138	that may cause human illness. A time and temperature control for
139	139	safety food may include a food that contains protein and moisture
140	140	and is neutral or slightly acidic, such as meat, poultry, fish, and
141	141	shellfish products, pasteurized and unpasteurized milk and dairy
142	142	products, raw seed sprouts, [baked goods that require
143	143	refrigeration, including cream or custard pies or cakes,] and ice
144	144	products. The term does not include a food that uses time and
145	145	temperature control for safety food as ingredients if the final
146	146	food product does not require time or temperature control for
147	147	safety to limit pathogen growth or toxin production.
148	148	SECTION 7. Chapter 437, Health and Safety Code, is amended
149	149	by adding Section 437.01965 to read as follows:
150	150	Sec. 437.01965. COTTAGE FOOD VENDOR. (a) A cottage food
151	151	vendor may sell food described by Section 437.001(2-b)(A), except
152	152	baked goods, directly to consumers at a farmers' market, farm
153	153	stand, food service establishment, or any retail store.
154	154	(b) A cottage food vendor who sells food described by
155	155	Section 437.001(2-b)(A) must display in a prominent place near the
156	156	location where the food is offered for sale a sign with the
157	157	following disclosure:
158	158	"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE AND IS NOT
159	159	SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
160	160	(c) A cottage food vendor that purchases food from a cottage
161	161	food production operation at wholesale shall register with the
162	162	department in the form and manner the department prescribes. The
163	163	executive commissioner may adopt rules to implement this
164	164	subsection.
165	165	SECTION 8. This Act takes effect September 1, 2025.