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A BILL TO BE ENTITLED
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AN ACT
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relating to labeling and information requirements for a cottage |
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food product sold through the Internet or by mail order. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.0194, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION |
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OPERATIONS PROHIBITED OR RESTRICTED. (a) A cottage food |
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production operation may not sell any of the foods described in |
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Section 437.001(2-b)(A)[:
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[(1) through the Internet;
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[(2) by mail order; or
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[(3)] at wholesale. |
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(b) An individual who operates a cottage food production |
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operation may sell a food described by Section 437.001(2-b)(A) |
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through the Internet or by mail order or use a shipping or delivery |
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service for delivery of the food only if the label of the finished |
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food product or a written description of the finished food product |
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provided with the product: |
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(1) contains a list of each major food allergen, |
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including eggs, nuts, soy, peanuts, milk, or wheat, in the product; |
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(2) includes: |
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(A) the name and physical address of the cottage |
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food production operation; |
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(B) the common or usual name of the product; and |
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(C) the following statement: "This food is made |
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in a home kitchen and is not inspected by the Department of State |
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Health Services or a local health department."; and |
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(3) is legible. |
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SECTION 2. This Act takes effect September 1, 2019. |