88R1841 LRM-D     By: Goodwin H.B. No. 95       A BILL TO BE ENTITLED   AN ACT   relating to food labeling by a cottage food production operation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 437.0193(b), Health and Safety Code, is   amended to read as follows:          (b)  The executive commissioner shall adopt rules requiring   a cottage food production operation to label all of the foods   described in Section 437.001(2-b)(A) that the operation sells to   consumers.  The label must include:                (1)  the name, zip code, and telephone number [and   address] of the cottage food production operation; and                (2)  a statement that the food is not inspected by the   department or a local health department.          SECTION 2.  Section 437.0194(b), Health and Safety Code, is   amended to read as follows:          (b)  A cottage food production operation may sell a food   described by Section 437.001(2-b)(A) in this state through the   Internet or by mail order only if:                (1)  the consumer purchases the food through the   Internet or by mail order from the operation and the operator   personally delivers the food to the consumer; and                (2)  [subject to Subsection (c),] before the operator   accepts payment for the food, the operator provides all labeling   information required by Section 437.0193(d) and department rules to   the consumer by:                      (A)  posting a legible statement on the   operation's Internet website;                      (B)  publishing the information in a catalog; or                      (C)  otherwise communicating the information to   the consumer.          SECTION 3.  Section 437.0194(c), Health and Safety Code, is   repealed.          SECTION 4.  (a) Not later than January 1, 2024, the executive   commissioner of the Health and Human Services Commission shall   adopt the rules necessary to implement Section 437.0193(b), Health   and Safety Code, as amended by this Act.          (b)  A person is not required to comply with Section   437.0193(b), Health and Safety Code, as amended by this Act, until   January 1, 2024.          SECTION 5.  This Act takes effect September 1, 2023.