bill doubling the cottage food sales cap to $100,000

The text as introduced · 1,268 words

89R3524 JTZ-F

By: Goodwin
H.B. No. 520

A BILL TO BE ENTITLED

AN ACT

relating to 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 Subdivision (2-b) and adding Subdivisions (3)

and (5-a) to read as follows:

(2-b) "Cottage food production operation" means an

individual, operating out of the individual's home, who or a

nonprofit organization that :

(A) produces at the individual's home or the home

of an individual who is a director or officer of the nonprofit

organization, as applicable , subject to Section 437.0196:

(i) a baked good , including a baked good

that requires [ is not a ] time and temperature control for safety to

limit pathogen growth or toxin production, but does not contain

meat, poultry, shellfish, or fish [ 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 , subject to Subparagraph (i) ;

(B) has an annual gross income of $100,000

[ $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 or to a cottage food vendor ; and

(D) delivers products to the consumer or cottage

food vendor at the point of sale or another location designated by

the consumer or cottage food vendor .

(3) "Cottage food vendor" means a person who:

(A) has a contractual relationship with a cottage

food production operation; and

(B) sells food described by Subdivision

(2-b)(A), except baked goods, on behalf of the cottage food

production operation directly to consumers.

(5-a) "Nonprofit organization" means an organization

exempt from federal income tax under Section 501(a), Internal

Revenue Code of 1986, as an organization described by Section

501(c)(3) of that code.

SECTION 2. Section 437.0192, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsection (c) to

read as follows:

(a) A local government authority, including a local health

department, may not :

(1) regulate the production of food at a cottage food

production operation ; or

(2) require a cottage food production operation to

obtain any type of license or permit or pay any fee to sell food

described by Section 437.001(2-b)(A) directly to a consumer or

cottage food vendor .

(c) A local government authority, including a local health

department, may not employ or continue to employ a person who

knowingly requires or attempts to require a cottage food production

operation to obtain a license or permit in violation of Subsection

(a)(2).

SECTION 3. Section 437.0193, Health and Safety Code, is

amended by amending Subsection (b) and adding Subsections (b-1) and

(e) 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 and address of the cottage food

production operation; [ and ]

(2) the words "prepared on" immediately followed by

the date on which the food is prepared; and

(3) the following disclosure:

"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE AND IS NOT

SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." [ a statement that

the food is not inspected by the department or a local health

department. ]

(b-1) Notwithstanding Subsection (b)(1), a cottage food

production operation is not required to include on a food label the

address of the operation if the operation registers with the

department in the form and manner the department prescribes. The

executive commissioner may adopt rules to implement this

subsection.

(e) A cottage food production operation that sells time and

temperature control for safety baked goods must include on the food

label or on an invoice or receipt provided with the food when sold

the following statement in at least 12-point font: "SAFE HANDLING

INSTRUCTIONS: To prevent illness from bacteria, keep this food

refrigerated or frozen until the food is prepared for consumption."

SECTION 4. Section 437.0194, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsection (a-1) to

read as follows:

(a) Except as provided by Subsection (a-1), a [ A ] cottage

food production operation may not sell any of the foods described in

Section 437.001(2-b)(A) at wholesale.

(a-1) A cottage food production operation may sell food

described by Section 437.001(2-b)(A), except baked goods, to a

cottage food vendor at wholesale.

SECTION 5. Chapter 437, Health and Safety Code, is amended

by adding Section 437.01953 to read as follows:

Sec. 437.01953. REQUIREMENTS FOR SALE OF CERTAIN BAKED

GOODS. A cottage food production operation that sells to consumers

time and temperature control for safety baked goods shall:

(1) store and deliver the food at the air temperature

necessary to prevent the growth of bacteria that may cause human

illness; and

(2) label the food in accordance with Section

437.0193(e).

SECTION 6. Section 437.0196(a), Health and Safety Code, is

amended to read as follows:

(a) In this section, "time and temperature control for

safety food" means a food that requires time and temperature

control for safety to limit pathogen growth or toxin production.

The term includes a food that must be held under proper temperature

controls, such as refrigeration, to prevent the growth of bacteria

that may cause human illness. A time and temperature control for

safety food may include a food that contains protein and moisture

and is neutral or slightly acidic, such as meat, poultry, fish, and

shellfish products, pasteurized and unpasteurized milk and dairy

products, raw seed sprouts, [ baked goods that require

refrigeration, including cream or custard pies or cakes, ] and ice

products. The term does not include a food that uses time and

temperature control for safety food as ingredients if the final

food product does not require time or temperature control for

safety to limit pathogen growth or toxin production.

SECTION 7. Chapter 437, Health and Safety Code, is amended

by adding Section 437.01965 to read as follows:

Sec. 437.01965. COTTAGE FOOD VENDOR. (a) A cottage food

vendor may sell food described by Section 437.001(2-b)(A), except

baked goods, directly to consumers at a farmers' market, farm

stand, food service establishment, or any retail store.

(b) A cottage food vendor who sells food described by

Section 437.001(2-b)(A) must display in a prominent place near the

location where the food is offered for sale a sign with the

following disclosure:

"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE AND IS NOT

SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."

(c) A cottage food vendor that purchases food from a cottage

food production operation at wholesale shall register with the

department in the form and manner the department prescribes. The

executive commissioner may adopt rules to implement this

subsection.

SECTION 8. This Act takes effect September 1, 2025.