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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of cottage food products and cottage food |
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production operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.001(2-b), Health and Safety Code, is |
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amended to read as follows: |
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(2-b) "Cottage food production operation" means an |
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individual, operating out of the individual's home, who: |
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(A) produces at the individual's home a baked |
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good, a canned jam or jelly, dried fruit, candy, snack food, cereal, |
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granola, dry mix, vinegar, or a dried herb or herb mix for sale at |
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the individual's [person's] home or at another location; |
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(B) has an annual gross income of $50,000 or less |
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from the sale of food described by Paragraph (A); and |
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(C) sells the foods produced under Paragraph (A) |
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only directly to consumers. |
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SECTION 2. The heading to Section 437.0192, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION |
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OPERATIONS BY LOCAL GOVERNMENT AUTHORITIES [HEALTH DEPARTMENT] |
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PROHIBITED; COMPLAINTS. |
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SECTION 3. Section 437.0192(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A local government authority, including a local health |
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department, may not regulate the production of food at a cottage |
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food production operation. |
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SECTION 4. Chapter 211, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS |
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Sec. 211.031. DEFINITIONS. In this subchapter, "cottage |
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food production operation" and "home" have the meanings assigned by |
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Section 437.001, Health and Safety Code. |
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Sec. 211.032. CERTAIN ZONING REGULATIONS PROHIBITED. A |
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municipal zoning ordinance may not prohibit the use of a home for |
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cottage food production operations. |
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Sec. 211.033. ACTION FOR NUISANCE OR OTHER TORT. This |
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subchapter does not affect the right of a person to bring a cause of |
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action under other law against an individual for nuisance or |
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another tort arising out of the individual's use of the individual's |
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home for cottage food production operations. |
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SECTION 5. Chapter 231, Local Government Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS |
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Sec. 231.281. DEFINITIONS. In this subchapter, "cottage |
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food production operation" and "home" have the meanings assigned by |
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Section 437.001, Health and Safety Code. |
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Sec. 231.282. CERTAIN ZONING REGULATIONS PROHIBITED. A |
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county zoning ordinance may not prohibit the use of a home for |
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cottage food production operations. |
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Sec. 231.283. ACTION FOR NUISANCE OR OTHER TORT. This |
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subchapter does not affect the right of a person to bring a cause of |
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action under other law against an individual for nuisance or |
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another tort arising out of the individual's use of the individual's |
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home for cottage food production operations. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |