81R11441 CS-D
	By: Gattis	H.B. No. 3282

	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 adding Subdivisions (2-a), (3-a), (5), and (6) to read as
	follows:
	(2-a)  "Cottage food production operation" means an
	individual, operating out of the individual's home, who produces a
	food product for sale.
	(3-a)  "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.
	(5)  "Home" means a primary residence that is occupied
	by the individual who operates a cottage food production operation
	and that contains a kitchen and appliances designed for common
	residential usage.
	(6)  "Potentially hazardous food" has the meaning
	assigned by rules adopted by the executive commissioner under this
	chapter.
	SECTION 2.  Chapter 437, Health and Safety Code, is amended
	by adding Sections 437.022, 437.023, and 437.024 to read as
	follows:
	Sec. 437.022.  REGISTRATION OF COTTAGE FOOD PRODUCTION
	OPERATIONS.  (a)  A cottage food production operation that is
	registered under this section is not a food service establishment
	for purposes of this chapter.  A cottage food production operation
	is not eligible for registration under this section if the
	operation produces potentially hazardous food.
	(b)  The executive commissioner shall adopt rules for
	regulation of a cottage food production operation that does not
	produce potentially hazardous food to protect the public health and
	ensure a safe food supply. Rules adopted under this section must
	provide for:
	(1)  the registration of cottage food production
	operations under this section; and
	(2)  the labeling of products from a cottage food
	production operation as "Home Produced."
	(c)  Rules adopted under Subsection (b) may require that a
	registered cottage food production operation comply with
	provisions of this chapter that the executive commissioner
	determines are appropriate and consistent with this section.
	(d)  The executive commissioner by rule may require an
	inspection of a cottage food production operation:
	(1)  before issuing a registration for the cottage food
	production operation; or
	(2)  if the department has reason to believe that the
	cottage food production operation is operating:
	(A)  in violation of this section or a rule
	adopted under this section; or
	(B)  in an unsanitary manner.
	(e)  The executive commissioner may not require as a
	condition of registration under this section:
	(1)  the use of commercial grade surfaces;
	(2)  the use of commercial grade appliances;
	(3)  a separate kitchen for conducting the cottage food
	production operation; or
	(4)  the submission of plans and specifications before
	the construction or remodel of a cottage food production operation.
	(f)  Before beginning operations as a cottage food
	production operation that does not produce potentially hazardous
	food, the operator of a cottage food production operation must:
	(1)  register with the department as a cottage food
	production operation; and
	(2)  successfully complete a food manager's
	certification course accredited by the department.
	(g)  The department shall issue a registration to an
	applicant for a cottage food production operation if the applicant:
	(1)  passes any inspection required under Subsection
	(d)(1);
	(2)  pays registration fees required by the department;
	and
	(3)  meets the other requirements of this section.
	(h)  A local health department:
	(1)  may not regulate the production of food at a
	cottage food production operation conducting business in
	compliance with this section that does not offer products to the
	public for consumption on the premises of the operation; and
	(2)  may investigate a cottage food production
	operation as a part of an investigation into the source of a
	food-borne illness outbreak.
	Sec. 437.023.  PERMIT REQUIRED FOR COTTAGE FOOD PRODUCTION
	OPERATION.  (a)  Subject to this section, a cottage food production
	operation that sells potentially hazardous food must hold a permit
	issued by a county, a public health district, or the department as
	described by this chapter.
	(b)  The executive commissioner shall by rule exempt a
	cottage food production operation from the application of a
	requirement applicable to a food service establishment under this
	chapter, department rule, or the requirements of counties and
	public health districts that are onerous or inapplicable to a
	cottage food production operation and are not necessary to ensure a
	safe public food supply.  The rules must address the labeling of
	potentially hazardous food products sold by a cottage food
	production operation.
	Sec. 437.024.  USE OF PRODUCT OF COTTAGE FOOD PRODUCTION
	OPERATION.  A food service establishment, other than a cottage food
	production operation, may not use a product produced in the cottage
	food production operation as an ingredient in any food that is
	prepared by the food service establishment and offered by the
	establishment to the public for consumption.
	SECTION 3.  This Act takes effect September 1, 2009.