Cottage Food Laws in Texas

visit texascottagefoodlaw.com

Thought some of you might want to know where we stand, in Texas, on the Cottage Food Law issue.

Cottage Food Production Operations (up to date)

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.  

Last updated August 14, 2012 

To read the bill yourself, click the link below:
http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB00081F.htm

Farming is Hard and Laborious....But There are Blessings...

Have you ever went outside to work a garden? Pull weeds from a flower bed? Spread mulch? If you haven't give it a go sometime! You will find out real quickly that this type of work is very laborious and not very fun. But was it always this way? It wasn't this way before the fall!

Genesis 3:17-19  And unto Adam he said, Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I commanded thee, saying, Thou shalt not eat of it: cursed is the ground for thy sake; in sorrow shalt thou eat of it all the days of thy life; Thorns also and thistles shall it bring forth to thee; and thou shalt eat the herb of the field;  In the sweat of thy face shalt thou eat bread, till thou return unto the ground; for out of it wast thou taken: for dust thou art, and unto dust shalt thou return.

While farming maybe a little hard and not very conducive for some folk, the blessings of owning your own farm and working the animals and the ground that God has given us can bring forth many blessings. We are in times in our culture where we really don't know what we are eating. Is there any food left that is not genetically modified? What are we feeding our kids? What will the food industry look like in our children's near future? This is where my multi-generational agrarian vision begins with my family. It all started with these questions. The next time you read your bible try to focus on all of the Agrarian concepts that the Lord uses in His teachings! It blew me away once I started asking these questions and paying attention to the Agricultural cultural teachings that the bible sheds light on. A couple days ago when I was reading proverbs twenty-seven I couldn't believe all of the wisdom that the Lord has provided us for our farming culture.

Born-Again Dirt by Noah Sanders

Proverbs 27:18  Whoso keepeth the fig tree shall eat the fruit thereof: so he that waiteth on his master shall be honoured.

Proverbs 27:23  Be thou diligent to know the state of thy flocks, and look well to thy herds.

Proverbs 27:25-27  The hay appeareth, and the tender grass sheweth itself, and herbs of the mountains are gathered. The lambs are for thy clothing, and the goats are the price of the field. And thou shalt have goats' milk enough for thy food, for the food of thy household, and for the maintenance for thy maidens.

He give's all of the instructions we need for every area of life, including agriculture. The question is will you take the time to study and see what the Lord has already said in His word about your situation?