| (5) Advertising media of cottage food products for
health, disease, or other claims must be consistent with those claims
allowed by the Code of Federal Regulations Title 21, Part 101, Subparts
D, E, and F.
(e) Certain sales by cottage food production operations
prohibited or restricted.
(1) An operator may not sell any of the foods described
in this section at wholesale.
(2) An operator may sell a food described in this section
in this state through the internet or by mail-order only if:
(A) the consumer purchases the food through the internet
or by mail-order from the operator and the operator personally delivers
the food to the consumer; and
(B) subject to paragraph (3) of this subsection, before
the operator accepts payment for the food, the operator provides all
labeling information required by subsection (d) of this section to
the consumer by:
(i) posting a legible statement on the cottage food
production operation's internet website;
(ii) publishing the information in a catalog; or
(iii) otherwise communicating the information to the
consumer.
(3) The operator that sells a food described by subsection
(b)(3)(A) of this section in this state in the manner described by
paragraph (2) of this subsection:
(A) is not required to include the address of the cottage
food production operation in the labeling information required under
subsection (d)(1)(A) of this section before the operator accepts payment
for the food; and
(B) shall provide the address of the cottage food production
operation on the label of the food in the manner required by subsection
(d)(1)(A) of this section after the operator accepts payment for the
food.
(f) Requirements for sale of certain cottage food products.
(1) An operator that sells to consumers pickled fruit
or vegetables, fermented vegetable products, or plant-based acidified
canned goods shall:
(A) use a recipe that:
(i) is from a source approved by the department under
paragraph (4) of this subsection;
(ii) has been tested by an appropriately certified
laboratory that confirmed the finished fruit or vegetable product
or plant-based acidified canned good has an equilibrium pH value of
4.6 or less; or
(iii) is approved by a qualified process authority;
or
(B) if the operation does not use a recipe described
by subparagraph (A) of this paragraph, test each batch of the recipe
with a calibrated pH meter to confirm the finished fruit or vegetable
product or plant-based acidified canned good has an equilibrium pH
value of 4.6 or less.
(2) An operator may not sell to consumers pickled fruit
or vegetables, fermented vegetable products, or plant-based acidified
canned goods before the operator complies with paragraph (1) of this
subsection.
(3) For each batch of pickled fruit or vegetables,
fermented vegetable products, or plant-based acidified canned goods,
an operator must:
(A) label the batch with a unique number; and
(B) for a period of at least 12 months, keep a record
that includes:
(i) the batch number;
(ii) the recipe used by the producer;
(iii) the source of the recipe or testing results,
as applicable; and
(iv) the date the batch was prepared.
(4) The department shall:
(A) approve sources for recipes that an operator may
use to produce pickled fruit or vegetables, fermented vegetable products,
or plant-based acidified canned goods; and
(B) semiannually post on the department's internet
website a list of the approved sources for recipes, appropriately
certified laboratories, and qualified process authorities.
(5) This subsection does not apply to a pickled cucumber
preserved in vinegar, brine, or similar solution.
(g) Requirements for the sale of frozen raw and uncut
fruit or vegetables. An operator that sells to consumers frozen raw
and uncut fruit or vegetables shall:
(1) store and deliver the frozen raw and uncut fruit
or vegetables at an air temperature of not more than 32 degrees Fahrenheit;
and
(2) label the frozen raw and uncut fruit or vegetables
in accordance with subsection (d)(4) of this section.
(h) A cottage food production operation is not exempt
from meeting the application of Texas 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.
(i) Prohibition for Cottage Food Production Operations.
A cottage food production operation may not sell TCS foods to customers.
(j) 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 Texas 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.
|
| Source Note: The provisions of this §229.661 adopted to be effective July 22, 2012, 37 TexReg 5276; amended to be effective August 3, 2014, 39 TexReg 5759; amended to be effective February 18, 2018, 43 TexReg 578; amended to be effective January 1, 2020, 44 TexReg 7985; amended to be effective October 9, 2022, 47 TexReg 6583 |
