TITLE: Relating to labeling and information requirements for a cottage food product sold through the Internet or by mail order.

SUMMARY: Relating to labeling and information requirements for a cottage food product sold through the Internet or by mail order.

FULL TEXT:
AN ACT relating to labeling and information requirements for a cottage food product sold through the Internet or by mail order. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 437.0194, Health and Safety Code, is amended to read as follows: Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION OPERATIONS PROHIBITED OR RESTRICTED.(a) A cottage food production operation may not sell any of the foods described in Section 437.001(2-b)(A) [: [(1) through the Internet; [(2) by mail order; or [(3)] at wholesale. (b) An individual who operates a cottage food production operation may sell a food described by Section 437.001(2-b)(A) through the Internet or by mail order or use a shipping or delivery service for delivery of the food only if the label of the finished food product or a written description of the finished food product provided with the product: (1) contains a list of each major food allergen, including eggs, nuts, soy, peanuts, milk, or wheat, in the product; (2) includes: (A) the name and physical address of the cottage food production operation; (B) the common or usual name of the product; and (C) the following 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."; and (3) is legible. SECTION 2. This Act takes effect September 1, 2019.