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
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
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 437.0056. Rulemaking Authority
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 437.010. 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 437.0155. Department Injunction
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 437.0193. 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 437.0197. 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