Bill Text: TX HB1139 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the regulation of cottage food products and cottage food production operations.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-20 - Left pending in committee [HB1139 Detail]
Download: Texas-2011-HB1139-Introduced.html
82R6206 YDB-D | ||
By: Rodriguez | H.B. No. 1139 |
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relating to the regulation of cottage food products and cottage | ||
food production operations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 437.001, Health and Safety Code, is | ||
amended by amending Subdivisions (1) and (3) and adding | ||
Subdivisions (1-a), (2-a), (2-b), (3-a), and (5) to read as | ||
follows: | ||
(1) "Baked good" includes cookies, cakes, bread, | ||
Danish, donuts, pastries, pies, and other similar items prepared by | ||
baking the item in an oven. | ||
(1-a) "Board" means the executive commissioner [ |
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(2-a) "Cottage food product" means a baked good, | ||
canned jam or jelly, dried fruit, candy, snack food, cereal, | ||
granola, dry mix, vinegar, or a dried herb produced for sale by a | ||
cottage food production operation. A cottage food product does not | ||
include a potentially hazardous food item as defined by department | ||
rule. | ||
(2-b) "Cottage food production operation" means an | ||
individual, operating out of the individual's home, who: | ||
(A) produces a cottage food product for sale at | ||
the individual's home or at: | ||
(i) a farmers' market or farm market or | ||
roadside stand; | ||
(ii) a county fair or municipal or county | ||
celebration, festival, or event; or | ||
(iii) an event held or sponsored by a | ||
religious or nonprofit organization; | ||
(B) does not offer a food item other than a | ||
cottage food product for sale at a location listed in Paragraph (A); | ||
and | ||
(C) has annual gross sales of $150,000 or less | ||
from the sale of cottage food products. | ||
(3) "Department" means the [ |
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Health Services. | ||
(3-a) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(5) "Home" means a primary residence that contains a | ||
kitchen and appliances designed for common residential use. | ||
SECTION 2. Chapter 437, Health and Safety Code, is amended | ||
by adding Sections 437.022 through 437.028 to read as follows: | ||
Sec. 437.022. EXEMPTION FOR COTTAGE FOOD PRODUCTION | ||
OPERATION. (a) A cottage food production operation is not a food | ||
service establishment or roadside food vendor for purposes of this | ||
chapter. | ||
(b) The exemption provided by Subsection (a) does not affect | ||
the application of any other state or federal law or an applicable | ||
ordinance enacted by a local governmental entity. | ||
Sec. 437.023. PERMIT FROM DEPARTMENT REQUIRED FOR COTTAGE | ||
FOOD PRODUCTION OPERATION. (a) A person may not operate a cottage | ||
food production operation unless the person holds a permit issued | ||
by the department. | ||
(b) A person required to obtain a permit under Subsection | ||
(a) must apply annually for the permit and pay the fees required by | ||
the department. | ||
Sec. 437.024. COTTAGE FOOD PRODUCT LABELING REQUIREMENTS. | ||
(a) A cottage food production operation shall prepackage and | ||
properly label each cottage food product the operation offers for | ||
sale. | ||
(b) The label at a minimum must include: | ||
(1) the name and address of the cottage food | ||
production operation; | ||
(2) the name of the cottage food product; | ||
(3) the ingredients in the cottage food product in | ||
descending order of predominance by weight; | ||
(4) the net weight or net volume of the cottage food | ||
product; | ||
(5) any labeling information required by federal law; | ||
and | ||
(6) the following statement in at least the equivalent | ||
of 11-point font in a color that provides a clear contrast to the | ||
background: "Made in a home kitchen that is not routinely inspected | ||
by a state or local health authority." | ||
Sec. 437.025. PRODUCTION OF COTTAGE FOOD PRODUCTS. (a) An | ||
individual may not directly engage in the processing, preparing, | ||
packaging, or handling of cottage food products and may not be | ||
present during the production of the products in any area where the | ||
products are produced for sale unless the individual is the holder | ||
of the cottage food production operation permit or is under the | ||
direct supervision of the permit holder. | ||
(b) An individual who processes, prepares, packages, or | ||
handles cottage food products must have adequate knowledge of safe | ||
food handling practices and must have successfully completed a | ||
basic food safety education or training program for food handlers | ||
accredited under Subchapter D, Chapter 438. | ||
Sec. 437.026. LIMITATIONS ON SALE AND STORAGE OF COTTAGE | ||
FOOD PRODUCT. (a) A cottage food product may only be sold directly | ||
from the cottage food production operation to the consumer and may | ||
not be resold. | ||
(b) A cottage food product may not be sold: | ||
(1) over the Internet; | ||
(2) by mail order; | ||
(3) by consignment; or | ||
(4) at wholesale. | ||
(c) A cottage food production operation may not store a | ||
cottage food product at a location other than the home at which the | ||
product was produced. | ||
Sec. 437.027. ESTABLISHMENT OF SALES OF COTTAGE FOOD | ||
PRODUCTION OPERATION. The department may require a cottage food | ||
production operation to provide the department with a current | ||
financial statement or federal income tax return to establish that | ||
the annual gross sales of the operation do not exceed $150,000. | ||
Sec. 437.028. INVESTIGATION OR INSPECTION OF COTTAGE FOOD | ||
PRODUCTION OPERATION IN CERTAIN CIRCUMSTANCES; ADOPTION OF RULES. | ||
(a) The executive commissioner by rule may require an investigation | ||
of a cottage food production operation if the department has reason | ||
to believe that the cottage food production operation is operating | ||
in violation of Section 437.023, 437.024, 437.025, or 437.026 or a | ||
rule adopted under those sections. | ||
(b) If a person files with the department a complaint | ||
alleging that a cottage food production operation is violating an | ||
applicable provision of this chapter or a rule adopted under this | ||
chapter, an authorized agent or employee of the department may | ||
enter the premises of the cottage food production operation to | ||
conduct an inspection of the operation to determine compliance with | ||
this chapter and department rules. The inspection shall be | ||
conducted on the days and at times cottage food products are being | ||
processed, prepared, packaged, or handled as provided by department | ||
rules. | ||
(c) The executive commissioner shall adopt the rules | ||
necessary to implement this section and Sections 437.022 through | ||
437.027. | ||
SECTION 3. Not later than January 1, 2012, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the rules necessary to implement Sections 437.022 through | ||
437.028, Health and Safety Code, as added by this Act. | ||
SECTION 4. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2011. | ||
(b) Sections 437.023 and 437.024, Health and Safety Code, as | ||
added by this Act, take effect January 1, 2012. |