It’s official. All those food laws TexasPHS told you about back in the Spring have become law. These new laws certainly mean good things for food entrepreneurs and restaurant owners throughout Texas. The news for health inspectors and regulators, however, is not all good. One new law is creating more questions than answers–and there is little time for lawmakers to figure just how to regulate the hottest new ingredient being infused into foods across the state.
HB 1325 – Hemp Production and CBD Oil
HB 1325 amends the Agriculture Code regarding the production of hemp. It would require the Texas Department of Agriculture (TDA), in consultation with the Governor and the Attorney General, to develop a state plan to monitor and regulate the production of hemp in Texas and to submit that plan to the USDA.
BOTTOM LINE: This bill complicates everything and nobody has any concrete answers. What does the city or state do when CBD oil is infused into food products (which is already happening in Texas)?
SB 572 – Expansion of Cottage Foods
SB 572 expands access for cottage food producers by amending the current list of allowed cottage foods to include pickled vegetables, fermented products, and canned goods. Additionally, the bill requires that cottage food producers of fermented products and canned goods submit a recipe to the Texas Department of State Health Services (DSHS) to obtain approval before sale.
BOTTOM LINE: Regular folk can make more foods out of a home kitchen without interference from the city or state.
SB 932 – Fee Limitation at Farmers Markets
SB 932 stipulates that DSHS and local health departments can charge an annual permit fee of no more than $100 for farmers and individuals selling food directly to consumers at farmers markets, farm stands or farms, and individuals who prepare food for sale at a farmers market.
BOTTOM LINE: The city and state cannot charge a food vendor an arm and a leg to sell products at a farmers market.
HB 1694 – Samples at Farmers Markets
HB 1694 prohibits DSHS and local governments from requiring permits for persons providing samples of food at farmers markets, including those produced by a cottage food production operation.
BOTTOM LINE: If an individual offers food samples at a farmers market, he or she does not need a permit from the city or state to do so.
SB 476 allows a food service establishment to permit a customer to be accompanied by a dog in an outdoor dining area, while maintaining reasonable health and safety regulations.
BOTTOM LINE: Any bar or restaurant in the Lone Star State can allow dogs on an outdoor patio if basic sanitation guidelines are followed.
HB 2107 – Official Determination by a Local Health Department
HB 2107 amends Chapter 438 of the Health and Safety Code to add local health jurisdictions to current law pertaining to requests for official determination. Local health jurisdictions would be required to provide an official written determination regarding the applicability of a particular regulation or the requirements for compliance with a particular regulation to the requestor within thirty (30) days of the date that the jurisdiction receives the request.
BOTTOM LINE: The days of city government ignoring a business owner’s concerns are over.
HB 234 amends the Local Government Code and the Property Code to prohibit local jurisdictions from regulating the sale of lemonade or other non-alcoholic beverages by children in certain locations and prohibits property owners’ associations from adopting or enforcing certain restrictive covenants that would impede these sales.
BOTTOM LINE: Kids can sell lemonade to their heart’s content — anywhere. Kids cannot sell beer, though.
TEXAS PUBLIC HEALTH SOLUTIONS 
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