| 1 | 1 | | 89R12658 LRM-F |
|---|
| 2 | 2 | | By: Hughes S.B. No. 2099 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the definition of a cottage food production operation. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 437.001(2-b), Health and Safety Code, is |
|---|
| 12 | 12 | | amended 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: |
|---|
| 15 | 15 | | (A) produces at the individual's home, subject to |
|---|
| 16 | 16 | | Section 437.0196: |
|---|
| 17 | 17 | | (i) a baked good that is not a time and |
|---|
| 18 | 18 | | temperature control for safety food, as defined by Section |
|---|
| 19 | 19 | | 437.0196; |
|---|
| 20 | 20 | | (ii) candy; |
|---|
| 21 | 21 | | (iii) coated and uncoated nuts; |
|---|
| 22 | 22 | | (iv) unroasted nut butters; |
|---|
| 23 | 23 | | (v) fruit butters; |
|---|
| 24 | 24 | | (vi) a canned jam or jelly; |
|---|
| 25 | 25 | | (vii) a fruit pie; |
|---|
| 26 | 26 | | (viii) dehydrated fruit or vegetables, |
|---|
| 27 | 27 | | including dried beans; |
|---|
| 28 | 28 | | (ix) popcorn and popcorn snacks; |
|---|
| 29 | 29 | | (x) cereal, including granola; |
|---|
| 30 | 30 | | (xi) dry mix; |
|---|
| 31 | 31 | | (xii) vinegar; |
|---|
| 32 | 32 | | (xiii) pickled fruit or vegetables, |
|---|
| 33 | 33 | | including beets and carrots, that are preserved in vinegar, brine, |
|---|
| 34 | 34 | | or a similar solution at an equilibrium pH value of 4.6 or less; |
|---|
| 35 | 35 | | (xiv) mustard; |
|---|
| 36 | 36 | | (xv) roasted coffee or dry tea; |
|---|
| 37 | 37 | | (xvi) a dried herb or dried herb mix; |
|---|
| 38 | 38 | | (xvii) plant-based acidified canned goods; |
|---|
| 39 | 39 | | (xviii) fermented vegetable products, |
|---|
| 40 | 40 | | including products that are refrigerated to preserve quality; |
|---|
| 41 | 41 | | (xix) frozen raw and uncut fruit or |
|---|
| 42 | 42 | | vegetables; or |
|---|
| 43 | 43 | | (xx) any other food that is not a time and |
|---|
| 44 | 44 | | temperature control for safety food, as defined by Section |
|---|
| 45 | 45 | | 437.0196; |
|---|
| 46 | 46 | | (B) [has an annual gross income of $50,000 or |
|---|
| 47 | 47 | | less from the sale of food described by Paragraph (A); |
|---|
| 48 | 48 | | [(C)] sells the foods produced under Paragraph |
|---|
| 49 | 49 | | (A) only directly to consumers; and |
|---|
| 50 | 50 | | (C) [(D)] delivers products to the consumer at |
|---|
| 51 | 51 | | the point of sale or another location designated by the consumer. |
|---|
| 52 | 52 | | SECTION 2. As soon as practicable after the effective date |
|---|
| 53 | 53 | | of this Act, the executive commissioner of the Health and Human |
|---|
| 54 | 54 | | Services Commission shall adopt the rules necessary to implement |
|---|
| 55 | 55 | | the change in law made by this Act. |
|---|
| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|