2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.01951. Requirements for Sale of Certain Cottage Foods

Sec. 437.01951.  REQUIREMENTS FOR SALE OF CERTAIN COTTAGE FOODS.  (a)  A cottage food production operation that sells to consumers pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods shall:
(1)  use a recipe that:
(A)  is from a source approved by the department under Subsection (d);
(B)  has been tested by an appropriately certified laboratory that confirmed the finished fruit or vegetable, product, or good has an equilibrium pH value of 4.6 or less; or
(C)  is approved by a qualified process authority; or
(2)  if the operation does not use a recipe described by Subdivision (1), test each batch of the recipe with a calibrated pH meter to confirm the finished fruit or vegetable, product, or good has an equilibrium pH value of 4.6 or less.
(b)  A cottage food production operation may not sell to consumers pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods before the operator complies with Subsection (a).
(c)  For each batch of pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods, a cottage food production operation must:
(1)  label the batch with a unique number; and
(2)  for a period of at least 12 months, keep a record that includes:
(A)  the batch number;
(B)  the recipe used by the producer;
(C)  the source of the recipe or testing results, as applicable; and
(D)  the date the batch was prepared.
(d)  The department shall:
(1)  approve sources for recipes that a cottage food production operation may use to produce pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods; and
(2)  semiannually post on the department's Internet website a list of the approved sources for recipes, appropriately certified laboratories, and qualified process authorities.
(e)  The department shall develop and implement a process by which an individual may request that the department approve an additional source for recipes under Subsection (d).  The process must allow an individual to submit with the individual's request documentation supporting the request.
(f)  A source for recipes approved by the department under Subsection (d) must be scientifically validated and may be from a government entity, academic institution, state extension service, or other qualified source with:
(1)  expert knowledge of processing requirements for pickled fruit or vegetables, fermented vegetable products, or acidified canned goods; and
(2)  adequate facilities for scientifically validating recipes for pickled fruit or vegetables, fermented vegetable products, or acidified canned goods.
(g)  This section does not apply to pickled cucumbers.
(h)  For purposes of this section, "process authority" means a person who has expert knowledge acquired through appropriate training and experience in the pickling, fermenting, or acidification and processing of pickled, fermented, or acidified foods.
Added by Acts 2019, 86th Leg., R.S., Ch. 590 (S.B. 572), Sec. 4, eff. September 1, 2019.