Cottage foods Farmers market permits Sampling Presented by Judith McGeary, Farm and Ranch Freedom Alliance

Value-added products Cottage food law: Certain foods can be made in home kitchens Must be sold direct to consumer $50,000 annual sale limit If outside that category “Commercial kitchen” Food manufacturer’s permit

Cottage Foods: Allowed Foods Any non-Time or Temperature Controlled for Safety (non-TTCS) food (previously NPH) Examples listed in the statute: Baked goods that do not require refrigeration Candy (including chocolate, chocolate-dipped pretzels, etc.) Coated and uncoated nuts; unroasted nut butters Canned jams and jellies Fruit pies & fruit butters Dehydrated fruits and vegetables, including dried beans Popcorn, cereal, granola, dry mixes Vinegar & mustard Roasted coffee or dry tea Dried herbs or herb mixes “Pickled” fruits & vegetables, acidifed plant-based canned foods, fermented vegetables Frozen uncut, raw fruits & vegetables

Not allowed foods Foods that cannot be made in home kitchens and sold under cottage food law: Meat, poultry, or seafood products, including beef jerky Dairy products Unless Non-TTCS (ghee) Raw seed sprouts Baked goods that require refrigeration – cheesecake, meringue pies, etc.

Requirements for cottage food producers Must have a taken an accredited course in safe food handling within previous 2 years Package food to prevent contamination, unless too large/bulky Label affixed to package Name & address Common name of the product If it includes eggs, nuts, soy, peanuts, milk or wheat, that ingredient must be listed on the label; and “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.” Ingredient list is NOT required, beyond allergens

“Pickles” Pickled fruits or vegetables that are preserved in vinegar, brine, or similar solution Plant-based acidified canned foods Fermented vegetable product: a low-acid vegetable food product subjected to the action of certain microorganisms that produce acid during their growth and reduce the pH value of the food to 4.6 or less. Can be refrigerated for quality purposes

Recipes Only required for pickles, acidified canned products, and fermented vegetables From an approved source, OR Has been tested by a qualified process authority, OR Has been tested by a lab to confirm the equilibrium pH value Approved sources, process authorities, and labs posted at https://www.dshs.texas.gov/foodestablishments/cottagefoo d/default.aspx Or CFO must test each batch with a calibrated pH meter Must have a final pH of 4.6 or lower

Records required for pickles Must label each batch with a unique number Must keep records for 12 months: Batch number Recipe used Source of the recipe or testing results Date the batch was prepared None of this is required for “pickled cucumbers”

Frozen fruits & vegetables Must be stored & delivered at 32 degrees F or lower Must be labeled or accompanied by an invoice that includes the following statement in at least 12 point font: SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food frozen until preparing for consumption.

CFO regulatory oversight Explicitly removes jurisdiction from local health departments except in emergency situations The health department can verify that CFO is operating within the confines of the cottage food law Explicitly prevents zoning bans

Locations Limitation on locations has been removed – any direct-to-consumer sale within the state is allowed Internet or mail order sales: If the purchase occurs online or through mail, the CFO must personally deliver the food to the consumer, and CFO must provide the labeling information prior to the sale through posting a legible statement on the CFO’s website, publishing the information in a catalog, or otherwise communicating the info to the consumer Does NOT include the home address (that can be post-sale)

Common questions Liability insurance: Not required, but recommended Testing: Other than for pickles/acidified canned/fermented foods, testing is not required Pre-approval of recipes: The CFO does not have to submit its recipes or testing to the local health department Advertising: There is no restriction on CFO’s ability to advertise.

Questions on Cottage Food Operations?

What is a “farmers’ market”? Texas Health & Safety Code Chapter 437 – regulation of food service establishments, retail food stores, mobile food units, and roadside food vendors 437.020 -- in sampling bill (HB 1694) & referenced in permit fee bill (SB 932) (a)(1) (1) "Farmers' market" means a designated location used primarily for the distribution and sale directly to consumers of food by farmers or other producers.

What is “food”? Texas Health & Safety Code 437.020(a)(2): "Food" means an agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product for human consumption, in either its natural or processed state, that has been produced or processed or otherwise has had value added to the product in this state. The term includes: (A) fish or other aquatic species; (B) livestock, a livestock product, or a livestock by-product; (C) planting seed; (D) poultry, a poultry product, or a poultry by-product; (E) wildlife processed for food or by-products; (F) a product made from a product described by this subdivision by a farmer or other producer who grew or processed the product; or (G) produce.

Sampling at farmers’ markets H&SC 437.020(b-1) The department or a local government authority, including a local health department, may not require a person to obtain a permit under this chapter to provide samples of food at a farm or farmers' market under this section. Health departments can enforce the statutory standards: Samples must be distributed in a sanitary manner Must either wear gloves or wash their hands just prior to preparing samples Potable water must be available for washing If visible dirt on produce, must be washed Utensils and cutting surfaces must be smooth, nonabsorbent, and easily cleaned or disposed of If potentially hazardous, keep <41 degrees or dispose within 2 hours

Sampling, cont’d No permit or fee can be required for sampling at farm stand or by farmers’ market vendor Can require a permit & fee for cooking on-site Farmers’ market vendor must be selling the food they are sampling Cottage food operators can only sample CFO items HB 1694

Sampling at other locations Cottage food operators can also prepare samples at home Pre-package & label Outside of farmers markets or farm stands, subject to normal permitting requirements, if any, by the local entity

Permit fees – SB 932 A local health department permit for: A farmer for the sale of food directly to consumers at a farmers’ market, farm stand, or the farmer’s farm, or An individual who prepares food for sale at a farmers’ market Permit must be valid for a term of at least 1 year Fee cannot exceed $100 for issuance or renewal Permit must cover sales at all locations within the jurisdiction of the permitting authority

QUESTIONS?