Bill Text: TX HB2971 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the delivery of cottage food by mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-14 - Referred to Public Health [HB2971 Detail]
Download: Texas-2023-HB2971-Introduced.html
88R11094 MCF-D | ||
By: Hefner | H.B. No. 2971 |
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relating to the delivery of cottage food by mail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 437.001(2-b), Health and Safety Code, is | ||
amended to read as follows: | ||
(2-b) "Cottage food production operation" means an | ||
individual, operating out of the individual's home, who: | ||
(A) produces at the individual's home, subject to | ||
Section 437.0196: | ||
(i) a baked good that is not a time and | ||
temperature control for safety food, as defined by Section | ||
437.0196; | ||
(ii) candy; | ||
(iii) coated and uncoated nuts; | ||
(iv) unroasted nut butters; | ||
(v) fruit butters; | ||
(vi) a canned jam or jelly; | ||
(vii) a fruit pie; | ||
(viii) dehydrated fruit or vegetables, | ||
including dried beans; | ||
(ix) popcorn and popcorn snacks; | ||
(x) cereal, including granola; | ||
(xi) dry mix; | ||
(xii) vinegar; | ||
(xiii) pickled fruit or vegetables, | ||
including beets and carrots, that are preserved in vinegar, brine, | ||
or a similar solution at an equilibrium pH value of 4.6 or less; | ||
(xiv) mustard; | ||
(xv) roasted coffee or dry tea; | ||
(xvi) a dried herb or dried herb mix; | ||
(xvii) plant-based acidified canned goods; | ||
(xviii) fermented vegetable products, | ||
including products that are refrigerated to preserve quality; | ||
(xix) frozen raw and uncut fruit or | ||
vegetables; or | ||
(xx) any other food that is not a time and | ||
temperature control for safety food, as defined by Section | ||
437.0196; | ||
(B) has an annual gross income of $50,000 or less | ||
from the sale of food described by Paragraph (A); | ||
(C) sells the foods produced under Paragraph (A) | ||
only directly to consumers; and | ||
(D) delivers products to the consumer: | ||
(i) at the point of sale or another location | ||
designated by the consumer; or | ||
(ii) by mail. | ||
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[ |
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accepts payment for the food, the operator provides all labeling | ||
information required by Section 437.0193(d) and department rules to | ||
the consumer by: | ||
(1) [ |
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operation's Internet website; | ||
(2) [ |
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(3) [ |
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the consumer. | ||
SECTION 3. This Act takes effect September 1, 2023. |