Public Hearing Announcement
The Food Establishments Group is holding a public hearing for the proposed rules regarding Cottage Food Production Operations on February 2, 2012. The public hearing will be held from 10 a.m. to 12 p.m. in Room K-100 on the DSHS main campus. This is an opportunity for the public to make comments on the rules prior to final adoption.
DSHS Central Campus
1100 West 49th Street
Lecture Hall K-100
Austin, Texas 78756
Public Hearing Announcement
The Food Establishments Group is holding a public hearing for the proposed rules regarding Texas Food Establishment Rules changes on February 3, 2012. The public hearing will be held from 10 a.m. to 12 p.m. in Room S-125 at the DSHS Exchange Building. This is an opportunity for the public to make comments on the rules prior to final adoption.
DSHS Exchange Building
8407 Wall Street
Austin, Texas 78754
Food Employee Reporting Agreement Form and Reporting Sign Now Offered in Spanish
Food Employee Reporting Agreement Form -- English (PDF 95KB) - Spanish (PDF 94KB)
Food Employee Reporting Sign -- English (PDF 32KB) - Spanish (PDF 120KB)
Posted March 3, 2010
New Rules - §229.661. Cottage Food Production Operations
|During the 82nd Legislature, Regular Session 2011, the Texas Legislature enacted Senate Bill 81 that amends the Health and Safety Code (HSC), Chapter 437, by adding provisions for cottage food production operations. This law is effective September 1, 2011.
A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation. Health departments are required to maintain records of all complaints against a cottage food production operation.
A cottage food production operation is defined as an individual, operating out of the individual’s home, who produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the person’s home; has an annual gross income of $50,000 or less from the sale of the described foods; and sells the foods only directly to consumers. A cottage food product does not include any food that is potentially hazardous that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
A potentially hazardous food (PHF) is a food that requires time and temperature control for safety (TCS) to limit pathogen growth or toxin production. In other words, a food must be held under proper temperature controls, such as refrigeration to prevent the growth of bacteria that may cause human illness. A PHF/TCS is a food that: contains protein, moisture (water activity greater than 0.85), and is neutral to slightly acidic (pH between 4.6 -7.5).
Food produced by a cottage food production operation must be labeled. The label must include the name and address of the cottage food production operation, common or usual name of the product, if a food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk or wheat that ingredient must be listed on the label, and a statement: “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department." The labels must be legible.
Food produced by a cottage food production operation may not be sold via the Internet.
The Department of State Health Services adopted a new rule concerning cottage food production operations. The new rule, Title 25 of the Texas Administrative Code, Section 229.661, became effective on July 22, 2012.
§229.661. Cottage Food Production Operations (pdf 58KB)
Frequently Asked Questions - Cottage Food Production Operations(pdf 113KB)
DRAFT WORKING DOCUMENT - Changes to Texas Food Establishment Rules
Proposed Changes to the Texas Food Establishment Rules
|SB 81, 82nd Legislature, Regular Session 2011 addresses permitting of farmers market vendors and temperature requirements for foods prepared at or sold at farmers markets. As a result, there have been definitions added to the Texas Food Establishment Rules (TFER) concerning the meaning of agricultural products, the term “egg”, “food establishment”, “farmers market,” “potentially hazardous food,” and “poultry.”
HB 3065, 82nd Legislature, Regular Session 2011 repealed HSC Chapter 438, Subchapter E, §438.051 that provided statutory authority for requiring a food service establishment to post a sign depicting the Heimlich Maneuver. The proposed amendment of Title 25, TAC chapter 229, Subchapter K §229.173 will repeal the requirement in the TFER that a food establishment post a Heimlich Maneuver sign.
HB 3012, 81st Legislature, Regular Session 2009 requires a food establishment to maintain documentation at the food service establishment listing the foods and food handling activities that involve bare-hard contact with ready-to-eat foods. The proposed amendment of Title 25, TAC Chapter 220, Subchapter K §229.164(e) will include that requirement in the TFER.
(pdf 583 KB)