Bill Text: TX SB572 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of cottage food production operations.
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB572 Detail]
Download: Texas-2019-SB572-Introduced.html
Bill Title: Relating to the regulation of cottage food production operations.
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB572 Detail]
Download: Texas-2019-SB572-Introduced.html
86R2429 KKR-D | ||
By: Kolkhorst | S.B. No. 572 |
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relating to foods produced by a cottage food production operation | ||
and a cottage food industry study. | ||
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 potentially | ||
hazardous 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 vegetables, including | ||
pickled beets and carrots [ |
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(xiv) mustard; | ||
(xv) roasted coffee or dry tea; [ |
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(xvi) a dried herb or dried herb mix; or | ||
(xvii) subject to Section 437.01951: | ||
(a) fermented products; or | ||
(b) canned goods that are acidified or | ||
low acid; | ||
(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 at the individual's home, a farmers' | ||
market, a farm stand, or a municipal, county, or nonprofit fair, | ||
festival, or event; and | ||
(D) delivers products to the consumer at the | ||
point of sale or another location designated by the consumer. | ||
SECTION 2. Chapter 437, Health and Safety Code, is amended | ||
by adding Sections 437.01951 and 437.01952 to read as follows: | ||
Sec. 437.01951. APPROVAL REQUIRED FOR CERTAIN COTTAGE FOOD | ||
PRODUCTS. (a) A cottage food production operation producing a | ||
fermented product or a canned good that is acidified or low acid | ||
shall, before making the product or good available for sale: | ||
(1) submit to the department the recipe and a | ||
description of the process used to produce the product or good; and | ||
(2) obtain department approval to sell the product or | ||
good. | ||
(b) A recipe submitted to the department under this section | ||
is a trade secret for purposes of Section 552.110, Government Code, | ||
and is exempt from disclosure under Chapter 552, Government Code. | ||
Sec. 437.01952. STUDY ON COMPETITIVENESS OF STATE'S COTTAGE | ||
FOOD INDUSTRY. (a) The department, using existing resources, | ||
shall study the competitiveness of this state's cottage food | ||
industry. The study must: | ||
(1) compare this state's cottage food industry laws to | ||
the industry-related laws enacted by each state of the United | ||
States; and | ||
(2) determine: | ||
(A) the specific areas in which this state's | ||
cottage food industry laws are more or less restrictive than other | ||
states' laws; and | ||
(B) the effect of this state's laws on the | ||
competitiveness of this state's cottage food industry. | ||
(b) Not later than December 1, 2020, the department shall | ||
submit to the legislature a report that includes the findings of the | ||
study conducted under this section and the department's | ||
recommendations for increasing the competitiveness of this state's | ||
cottage food industry. | ||
(c) This section expires September 1, 2021. | ||
SECTION 3. Not later than January 1, 2020, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules to implement Section 437.01951, Health and Safety Code, | ||
as added by this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |