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

2. 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

3. 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

4. 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.

5. 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

6. “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

7. 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 d/default.aspx
Or CFO must test each batch with a calibrated pH meter
Must have a final pH of 4.6 or lower

8. 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”

9. 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.

10. 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

11. 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)

12. 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.

13. Questions on Cottage Food Operations?

14. 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
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.

15. What is “food”?
Texas Health & Safety Code (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.

16. Sampling at farmers’ markets
H&SC (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

17. 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

18. 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

19. 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

20. QUESTIONS?