Texas § HS.437.0193 - PACKAGING AND LABELING REQUIREMENTS FOR COTTAGE FOOD PRODUCTION OPERATIONS

§ HS.437.0193. PACKAGING AND LABELING REQUIREMENTS FOR COTTAGE FOOD PRODUCTION OPERATIONS

PACKAGING AND LABELING REQUIREMENTS FOR COTTAGE FOOD PRODUCTION OPERATIONS. (a) Food sold by a cottage food production operation must be packaged in a manner that prevents product contamination, except that a food item is not required to be packaged if it is too large or bulky for conventional packaging. (b) The executive commissioner shall adopt rules requiring a cottage food production operation to label all of the foods the operation sells to consumers. The label must include: (1) the name and address of the cottage food production operation; and (2) the following disclosure: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." (b-1) Notwithstanding Subsection (b)(1), a cottage food production operation is not required to include on a food label the address of the operation if the operation registers with the department in the form and manner the department prescribes, and includes on the label a unique identification number provided by the department. The executive commissioner may adopt rules to implement this subsection. (c) For foods not required to be packaged under Subsection (a), the information required to be included on the label under Subsection (b) must be provided to the consumer on an invoice or receipt. (d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 303 (S.B. 541 ), Sec. 8(1), eff. September 1, 2025. (e) A cottage food production operation that sells a time and temperature control for safety food must include: (1) on the food label the date the food was made; and (2) on the food label or on an invoice or receipt provided with the food when sold the following statement in at least 12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption." Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81 ), Sec. 6, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970 ), Sec. 5, eff. September 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 590 (S.B. 572 ), Sec. 2, eff. September 1, 2019. Acts 2025, 89th Leg., R.S., Ch. 303 (S.B. 541 ), Sec. 5, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 303 (S.B. 541 ), Sec. 8(1), eff. September 1, 2025.