| (a) Purpose. The purpose of this section is to implement
Health and Safety Code, Chapter 437, related to cottage food production
operations, which requires the department to adopt rules for labeling
of foods produced by cottage food production operations.
(b) Definitions. The following words and terms when
used in this subchapter shall have the following meanings unless the
context clearly indicates otherwise.
(1) Baked good--A food item prepared by baking the
item in an oven, which includes cookies, cakes, breads, Danishes,
donuts, pastries, pies, and other items that are prepared by baking.
(2) Cottage food production operation--An individual,
operating out of the individual's home, who:
(A) produces at the individual's home:
(i) a baked good that is not a potentially hazardous
food, as defined in paragraph (11) of this subsection:
(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) pickles, as defined in paragraph (10) of this
subsection;
(xiv) mustard;
(xv) roasted coffee or dry tea; or
(xvi) a dried herb or dried herb mix;
(B) has an annual gross income of $50,000 or less from
the sale of food described by subparagraph (A) of this paragraph;
(C) sells foods produced under subparagraph (A) of
this paragraph only directly to consumers at the individual's home;
a farmers' market; a farm stand; a municipal, fair, festival, or event;
a county fair, festival, or event; or a nonprofit fair, festival,
or event; and
(D) delivers products to the consumer at the point
of sale or another location designated by the consumer.
(3) Department--The Department of State Health Services.
(4) Executive Commissioner--The Executive Commissioner
of the Health and Human Services Commission.
(5) Farm stand--A premises owned and operated by a
producer of agricultural food products at which the producer or other
persons may offer for sale produce or foods described in paragraph
(2) of this subsection.
(6) Farmers' market--A designated location used primarily
for the distribution and sale directly to consumers of food by farmers
or other producers.
(7) Food establishment--
(A) Food establishment means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption:
(i) such as a restaurant; retail food store; satellite
or catered feeding location; catering operation if the operation provides
food directly to a consumer or to a conveyance used to transport people;
market; vending location; conveyance used to transport people; institution;
or food bank; and
(ii) that relinquishes possession of food to a consumer
directly, or indirectly through a delivery service such as home delivery
of grocery orders or restaurant takeout orders, or delivery service
that is provided by common carriers.
(B) Food establishment includes:
(i) an element of the operation such as a transportation
vehicle or a central preparation facility that supplies a vending
location or satellite feeding location unless the vending or feeding
location is permitted by the regulatory authority; and
(ii) an operation that is conducted in a mobile, stationary,
temporary, or permanent facility or location; where consumption is
on or off the premises; and regardless of whether there is a charge
for the food.
(C) Food establishment does not include:
(i) an establishment that offers only prepackaged foods
that are not potentially hazardous (time/temperature control for safety)
foods;
(ii) a produce stand that only offers whole, uncut
fresh fruits and vegetables;
(iii) a food processing plant including those that
are located on the premises of a food establishment;
(iv) a kitchen in a private home if only food that
is not potentially hazardous (time/temperature control for safety)
food is prepared for sale or service at a function such as a religious
or charitable organization's bake sale if allowed by law;
(v) an area where food that is prepared as specified
in clause (iv) of this subparagraph is sold or offered for human consumption;
(vi) a Bed and Breakfast Limited establishment as defined
in §229.162 of this title (relating to Definitions) concerning
food establishments;
(vii) a private home that receives catered or home-delivered
food; or
(viii) a cottage food production operation.
(8) Herbs--Herbs are from the leafy green parts of
a plant (either fresh or dried) used for culinary purposes and not
for medicinal uses.
(9) Home--A primary residence that contains a kitchen
and appliances designed for common residential usage.
(10) Pickle--A cucumber preserved in vinegar, brine,
or similar solution, and excluding all other pickled vegetables.
(11) Potentially hazardous food (PHF)--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 potentially
hazardous 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 potentially hazardous food as ingredients
if the final food product does not require time or temperature control
for safety to limit pathogen growth or toxin production.
(c) Complaints. The department shall maintain a record
of a complaint made by a person against a cottage food production
operation.
(d) Packaging and labeling requirements for cottage
food production operations. All foods prepared by a cottage food production
operation shall be packaged and labeled in a manner that prevents
product contamination.
(1) The label information shall include:
(A) the name and physical address of the cottage food
production operation;
(B) the common or usual name of the product;
(C) if a food is made with a major food allergen, such
as eggs, nuts, soy, peanuts, milk or wheat that ingredient must be
listed on the label; and
(D) the following statement: "This food is made in
a home kitchen and is not inspected by the Department of State Health
Services or a local health department."
(2) Labels must be legible.
(3) A food item is not required to be packaged if it
is too large or bulky for conventional packaging. For these food items,
the information required under paragraph (1) of this subsection shall
be provided to the consumer on an invoice or receipt.
(e) Certain sales by cottage food production operations
prohibited. A cottage food production operation may not sell any of
the foods described in this section through the Internet, by mail
order, or at wholesale. No health claims may be made on any of the
advertising media of the finished products because they are conventional
foods.
(f) A cottage food production operation is not exempt
from meeting the application of Health and Safety Code, §431.045,
Emergency Order; §431.0495, Recall Orders; and §431.247,
Delegation of Powers or Duties. The department or local health authority
may act to prevent an immediate and serious threat to human life or
health.
(g) Prohibition for Cottage Food Production Operations.
A cottage food production operation may not sell potentially hazardous
foods to customers.
(h) Production of Cottage Food Products - Basic Food
Safety Education or Training Requirements.
(1) An individual who operates a cottage food production
operation must have successfully completed a basic food safety education
or training program for food handlers accredited under Health and
Safety Code, Chapter 438, Subchapter D.
(2) An individual may not process, prepare, package,
or handle cottage food products unless the individual:
(A) meets the requirements of paragraph (1) of this
subsection;
(B) is directly supervised by an individual described
by paragraph (1) of this subsection; or
(C) is a member of the household in which the cottage
food products are produced.
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