Food Establishments Group
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
Prposed New Rules - §229.661. Cottage Food Production Operations
|During the 82nd Legislative Session, the Texas Legislature enacted Senate Bill 81 allowing individuals to produce and sell baked goods, canned jam and jelly, and a dried herb or herb mix in an individual’s home kitchen. Cottage food production operations are not licensed or inspected by the Department of State Health Services or local health departments.
A Cottage Food Production Operation is an individual, who operates 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 that has an annual gross income of $50,000 or less from the sale of the food described above; and sells foods produced (baked good, canned jam or jelly, or a dried herb or herb mix) only directly to consumers from the cottage food production location. 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.
Senate Bill 81 provides the executive commissioner authority to adopt rules requiring a cottage food production operation to label all of the foods produced that the operation sells to consumers. The label must include the name and address of the cottage food production operation and include a statement that the food is not inspected by the department or local health department. The Department is in the process of developing new rules to comply with the requirements of SB 81 related to Cottage Food Production Operations.
This Act goes into effect September 1, 2011.
DRAFT WORKING DOCUMENT - §229.661. Cottage Food Production Operations (pdf 151KB)
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.
DRAFT WORKING DOCUMENT - Changes to Texas Food Establishment Rules
(pdf 583 KB)