Bill Text: TX HB95 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to food labeling by a cottage food production operation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-23 - Referred to Public Health [HB95 Detail]

Download: Texas-2023-HB95-Introduced.html
  88R1841 LRM-D
 
  By: Goodwin H.B. No. 95
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to food labeling by a cottage food production operation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 437.0193(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The executive commissioner shall adopt rules requiring
  a cottage food production operation to label all of the foods
  described in Section 437.001(2-b)(A) that the operation sells to
  consumers.  The label must include:
               (1)  the name, zip code, and telephone number [and
  address] of the cottage food production operation; and
               (2)  a statement that the food is not inspected by the
  department or a local health department.
         SECTION 2.  Section 437.0194(b), Health and Safety Code, is
  amended to read as follows:
         (b)  A cottage food production operation may sell a food
  described by Section 437.001(2-b)(A) in this state through the
  Internet or by mail order only if:
               (1)  the consumer purchases the food through the
  Internet or by mail order from the operation and the operator
  personally delivers the food to the consumer; and
               (2)  [subject to Subsection (c),] before the operator
  accepts payment for the food, the operator provides all labeling
  information required by Section 437.0193(d) and department rules to
  the consumer by:
                     (A)  posting a legible statement on the
  operation's Internet website;
                     (B)  publishing the information in a catalog; or
                     (C)  otherwise communicating the information to
  the consumer.
         SECTION 3.  Section 437.0194(c), Health and Safety Code, is
  repealed.
         SECTION 4.  (a) Not later than January 1, 2024, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules necessary to implement Section 437.0193(b), Health
  and Safety Code, as amended by this Act.
         (b)  A person is not required to comply with Section
  437.0193(b), Health and Safety Code, as amended by this Act, until
  January 1, 2024.
         SECTION 5.  This Act takes effect September 1, 2023.
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