Texas 2025 - 89th Regular

Texas Senate Bill SB541 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst, Sparks S.B. No. 541
2		-
3		-
	1	+	By: Kolkhorst S.B. No. 541
	2	+	(In the Senate - Filed December 6, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; March 19, 2025, reported favorably by the following
	5	+	vote: Yeas 8, Nays 0; March 19, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to cottage food production operations.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Section 437.001, Health and Safety Code, is
11	14		amended by amending Subdivision (2-b) and adding Subdivisions (3)
12	15		and (5-a) to read as follows:
13	16		(2-b) "Cottage food production operation" means an
14	17		individual, operating out of the individual's home, who or a
15	18		nonprofit organization that:
16	19		(A) produces at the individual's home or the home
17	20		of an individual who is a director or officer of the nonprofit
18	21		organization, as applicable, subject to Section 437.0196:
19	22		(i) a baked good, including a baked good
20	23		that requires [is not a] time and temperature control for safety to
21	24		limit pathogen growth or toxin production, but does not contain
22	25		meat, poultry, shellfish, or fish [food, as defined by Section
23	26		437.0196];
24	27		(ii) candy;
25	28		(iii) coated and uncoated nuts;
26	29		(iv) unroasted nut butters;
27	30		(v) fruit butters;
28	31		(vi) a canned jam or jelly;
29	32		(vii) a fruit pie;
30	33		(viii) dehydrated fruit or vegetables,
31	34		including dried beans;
32	35		(ix) popcorn and popcorn snacks;
33	36		(x) cereal, including granola;
34	37		(xi) dry mix;
35	38		(xii) vinegar;
36	39		(xiii) pickled fruit or vegetables,
37	40		including beets and carrots, that are preserved in vinegar, brine,
38	41		or a similar solution at an equilibrium pH value of 4.6 or less;
39	42		(xiv) mustard;
40	43		(xv) roasted coffee or dry tea;
41	44		(xvi) a dried herb or dried herb mix;
42	45		(xvii) plant-based acidified canned goods;
43	46		(xviii) fermented vegetable products,
44	47		including products that are refrigerated to preserve quality;
45	48		(xix) frozen raw and uncut fruit or
46	49		vegetables; or
47	50		(xx) any other food that is not a time and
48	51		temperature control for safety food, as defined by Section
49	52		437.0196, subject to Subparagraph (i);
50	53		(B) has an annual gross income of $100,000
51	54		[$50,000] or less from the sale of food described by Paragraph (A);
52	55		(C) sells the foods produced under Paragraph (A)
53	56		[only] directly to consumers or to a cottage food vendor; and
54	57		(D) delivers products to the consumer or cottage
55	58		food vendor at the point of sale or another location designated by
56	59		the consumer or cottage food vendor.
57	60		(3) "Cottage food vendor" means a person who:
58	61		(A) has a contractual relationship with a cottage
59	62		food production operation; and
60	63		(B) sells food described by Subdivision
61	64		(2-b)(A), except baked goods, on behalf of the cottage food
62	65		production operation directly to consumers.
63	66		(5-a) "Nonprofit organization" means an organization
64	67		exempt from federal income tax under Section 501(a), Internal
65	68		Revenue Code of 1986, as an organization described by Section
66	69		501(c)(3) of that code.
67	70		SECTION 2. Section 437.0192, Health and Safety Code, is
68	71		amended by amending Subsection (a) and adding Subsection (c) to
69	72		read as follows:
70	73		(a) A local government authority, including a local health
71	74		department, may not:
72	75		(1) regulate the production of food at a cottage food
73	76		production operation; or
74	77		(2) require a cottage food production operation to
75	78		obtain any type of license or permit or pay any fee to sell food
76	79		described by Section 437.001(2-b)(A) directly to a consumer or
77	80		cottage food vendor.
78	81		(c) A local government authority, including a local health
79	82		department, may not employ or continue to employ a person who
80	83		knowingly requires or attempts to require a cottage food production
81	84		operation to obtain a license or permit in violation of Subsection
82	85		(a)(2).
83	86		SECTION 3. Section 437.0193, Health and Safety Code, is
84	87		amended by amending Subsection (b) and adding Subsections (b-1) and
85	88		(e) to read as follows:
86	89		(b) The executive commissioner shall adopt rules requiring
87	90		a cottage food production operation to label all of the foods
88	91		described in Section 437.001(2-b)(A) that the operation sells to
89	92		consumers. The label must include:
90	93		(1) the name and address of the cottage food
91	94		production operation; [and]
92	95		(2) the words "prepared on" immediately followed by
93	96		the date on which the food is prepared; and
94	97		(3) the following disclosure:
95	98		"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE AND IS NOT
96	99		SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." [a statement that
97	100		the food is not inspected by the department or a local health
98	101		department.]
99	102		(b-1) Notwithstanding Subsection (b)(1), a cottage food
100	103		production operation is not required to include on a food label the
101	104		address of the operation if the operation registers with the
102	105		department in the form and manner the department prescribes. The
103	106		executive commissioner may adopt rules to implement this
104	107		subsection.
105	108		(e) A cottage food production operation that sells time and
106	109		temperature control for safety baked goods must include on the food
107	110		label or on an invoice or receipt provided with the food when sold
108	111		the following statement in at least 12-point font: "SAFE HANDLING
109	112		INSTRUCTIONS: To prevent illness from bacteria, keep this food
110	113		refrigerated or frozen until the food is prepared for consumption."
111	114		SECTION 4. Section 437.0194, Health and Safety Code, is
112	115		amended by amending Subsection (a) and adding Subsection (a-1) to
113	116		read as follows:
114	117		(a) Except as provided by Subsection (a-1), a [A] cottage
115	118		food production operation may not sell any of the foods described in
116	119		Section 437.001(2-b)(A) at wholesale.
117	120		(a-1) A cottage food production operation may sell food
118	121		described by Section 437.001(2-b)(A), except baked goods, to a
119	122		cottage food vendor at wholesale.
120	123		SECTION 5. Chapter 437, Health and Safety Code, is amended
121	124		by adding Section 437.01953 to read as follows:
122	125		Sec. 437.01953. REQUIREMENTS FOR SALE OF CERTAIN BAKED
123	126		GOODS. A cottage food production operation that sells to consumers
124	127		time and temperature control for safety baked goods shall:
125	128		(1) store and deliver the food at the air temperature
126	129		necessary to prevent the growth of bacteria that may cause human
127	130		illness; and
128	131		(2) label the food in accordance with Section
129	132		437.0193(e).
130	133		SECTION 6. Section 437.0196(a), Health and Safety Code, is
131	134		amended to read as follows:
132	135		(a) In this section, "time and temperature control for
133	136		safety food" means a food that requires time and temperature
134	137		control for safety to limit pathogen growth or toxin production.
135	138		The term includes a food that must be held under proper temperature
136	139		controls, such as refrigeration, to prevent the growth of bacteria
137	140		that may cause human illness. A time and temperature control for
138	141		safety food may include a food that contains protein and moisture
139	142		and is neutral or slightly acidic, such as meat, poultry, fish, and
140	143		shellfish products, pasteurized and unpasteurized milk and dairy
141	144		products, raw seed sprouts, [baked goods that require
142	145		refrigeration, including cream or custard pies or cakes,] and ice
143	146		products. The term does not include a food that uses time and
144	147		temperature control for safety food as ingredients if the final
145	148		food product does not require time or temperature control for
146	149		safety to limit pathogen growth or toxin production.
147	150		SECTION 7. Chapter 437, Health and Safety Code, is amended
148	151		by adding Section 437.01965 to read as follows:
149	152		Sec. 437.01965. COTTAGE FOOD VENDOR. (a) A cottage food
150	153		vendor may sell food described by Section 437.001(2-b)(A), except
151	154		baked goods, directly to consumers at a farmers' market, farm
152	155		stand, food service establishment, or any retail store.
153	156		(b) A cottage food vendor who sells food described by
154	157		Section 437.001(2-b)(A) must display in a prominent place near the
155	158		location where the food is offered for sale a sign with the
156	159		following disclosure:
157	160		"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE AND IS NOT
158	161		SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
159	162		(c) A cottage food vendor that purchases food from a cottage
160	163		food production operation at wholesale shall register with the
161	164		department in the form and manner the department prescribes. The
162	165		executive commissioner may adopt rules to implement this
163	166		subsection.
164	167		SECTION 8. This Act takes effect September 1, 2025.
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