Texas Statutes
Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors
Section 437.0193. Packaging and Labeling Requirements for Cottage Food Production Operations

Sec. 437.0193. PACKAGING AND LABELING REQUIREMENTS FOR COTTAGE FOOD PRODUCTION OPERATIONS. (a) Food described by Section 437.001(2-b)(A) sold by a cottage food production operation must be packaged in a manner that prevents product contamination, except that a food item is not required to be packaged if it is too large or bulky for conventional packaging.
(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) a statement that the food is not inspected by the department or a local health department.
(c) For foods not required to be packaged under Subsection (a), the information required to be included on the label under Subsection (b) must be provided to the consumer on an invoice or receipt.
(d) A cottage food production operation that sells frozen raw and uncut fruit or vegetables must include on the label of the frozen fruit or vegetables or on an invoice or receipt provided with the frozen fruit or vegetables when sold the following statement in at least 12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food frozen until preparing for consumption."
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 590 (S.B. 572), Sec. 2, eff. September 1, 2019.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 6 - Food, Drugs, Alcohol, and Hazardous Substances

Subtitle A - Food and Drug Health Regulations

Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors

Section 437.001. Definitions

Section 437.002. Enforcement of State Law by County or Public Health District

Section 437.003. County Authority to Require Permit

Section 437.004. Public Health District Authority to Require Permit

Section 437.005. Public Hearing

Section 437.0055. Permit From Department Required in Areas Not Regulated by County or Public Health District

Section 437.0056. Rulemaking Authority

Section 437.0057. Regulation of Food Handlers and Other Food Service Employees by Counties, Public Health Districts, and the Department

Section 437.006. More Than One Permit Prohibited

Section 437.0065. Permits for Certain Farmers and Food Producers

Section 437.007. Nonprofit Organizations Exempt

Section 437.0073. Medallion for Mobile Food Units in Certain Populous Municipalities

Section 437.0074. Mobile Food Units in Certain Populous Counties

Section 437.0075. Food Managers in Certain Populous Counties

Section 437.0076. Certified Food Manager

Section 437.008. Permit Renewal

Section 437.009. Inspections

Section 437.0095. Detention

Section 437.010. Submission of Plans and Subsequent Inspection

Section 437.011. Inspection of Existing Entities on Adoption of Order

Section 437.012. County and Public Health District Fees

Section 437.0123. County and Public Health District Fees in Certain Populous Counties

Section 437.0124. County and Public Health District Fee Schedule

Section 437.0125. Department Fees

Section 437.013. Audited Statement

Section 437.014. Denial, Suspension, or Revocation of Permit

Section 437.0145. Emergency Suspension or Closing Order

Section 437.015. Injunction

Section 437.0155. Department Injunction

Section 437.016. Criminal Penalty: Violation of County and Public Health District Permit Requirements

Section 437.0165. Criminal Penalty: Violation of Department Permit Requirement

Section 437.017. Conflict With Alcoholic Beverage Code

Section 437.018. Administrative Penalty

Section 437.0185. Administrative Penalty by Public Health District or County

Section 437.0186. Assessment of Administrative Penalty

Section 437.019. Exemption for Certain Bed and Breakfast Establishments

Section 437.0191. Exemption for Cottage Food Production Operations

Section 437.0192. Regulation of Cottage Food Production Operations by Local Government Authorities Prohibited; Complaints

Section 437.0193. Packaging and Labeling Requirements for Cottage Food Production Operations

Section 437.0194. Certain Sales by Cottage Food Production Operations Prohibited or Restricted

Section 437.0195. Production of Cottage Food Products

Section 437.01951. Requirements for Sale of Certain Cottage Foods

Section 437.01952. Requirements for Sale of Frozen Fruit or Vegetables

Section 437.0196. Time and Temperature Control for Safety Food; Prohibition for Cottage Food Production Operations; Exception

Section 437.0197. Exemption for Small Honey Production Operation

Section 437.0198. Regulation of Small Honey Production Operation Prohibited

Section 437.0199. Labeling Requirements for Small Honey Production Operation

Section 437.020. Regulation of Food Samples at Farms and Farmers' Markets

Section 437.0201. Regulation of Food at Farmers' Markets Under Temporary Food Establishment Permits

Section 437.0202. Temperature Requirements for Food at Farmers' Markets

Section 437.0203. Regulation of Cooking Demonstrations at Farmers' Markets

Section 437.021. Authority to Operate on Certain Property

Section 437.023. Service Animals

Section 437.025. Requirements for Dogs in Outdoor Dining Areas; Municipal Preemption

Section 437.026. Sale of Certain Food by Food Service Establishment