2023 Texas Food Legislation

The 2023 State of Texas biannual legislative session is well underway, and our state lawmakers are attempting to pass meaningful legislation – both big and small. The 88th Texas Legislature’s regular session began January 10, 2023 and runs through May 29, 2023.

TexasPHS studied all of the proposed bills affecting food manufacturers, restaurants, food trucks, and cottage food producers. We invite you to continue reading to discover the most important regulations surrounding FOOD IN TEXAS in 2023.

**Be sure to read the food laws that were passed in 2019 and 2021**

1.) SB 664 and HB 1788 – Relating to the labeling of analogue and cell-cultured products.

What is an “analogue” food product, you ask!? Think Beyond Meat and Impossible Foods. The Texas beef industry wants to protect its turf from these plant-based techies.

TexasPHS Hot Take: Should plant-based and cell-cultured food products be marketed to Texans as “meat” products? TexasPHS thinks “no”, but we are open to hearing your persuasive argument.

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2.) HB 1247 – HB1445 – HB 1447 – SB577– Relating to regulation of food service establishments, retail food stores, mobile food units, roadside food vendors, temporary food service establishments, and food managers.

These are wide encompassing food bills that cover many nuanced points, including:

• The creation of a state registry for compliance orders that differ from state law.
• A municipality cannot penalize a food establishment for for failing to adhere to easily
  cleanable surface requirements for wall and ceiling surfaces.
• A municipality cannot charge a sound regulation permit at a food establishment.
• A municipality cannot charge an additional food manager registration fee. 
• A food establishment shall display a poster relating to food allergen awareness.

TexasPHS Hot Take: TexasPHS LOVES several aspects of these bills, primarily the eradication of meaningless, greedy fees imposed by municipalities. Many cities in North Texas do this and it’s flat out WRONG!

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3.) SB 331 and HB 95 – Relating to food labeling by a cottage food production operation.

These bills propose the removal of the address on a label of a cottage food product.

TexasPHS Hot Take: Umm … no. A consumer needs to know where a food item is made.

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4.) HB1079 – Relating to warning signs posted by certain food service establishments that prepare food items containing peanut products.

If a food establishment prepares foods containing peanut products, it must inform consumers of the following: “This establishment prepares food items that contain peanut
products.“

TexasPHS Hot Take: Sure. A food establishment can simply add the disclosure to the bottom of the menu next to the consumer advisory — but how effective is this in reality?

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5.) SB329 and HB176 – Relating to the definition of a cottage food production operation.

Presently, a cottage food production operation must have an annual gross income of less than $50,000. This proposed bill seeks to remove the $50,000 limit.

TexasPHS Hot Take: Umm … no again. If a business owner is making over $50,000 per year making cottage foods from a home kitchen, it’s time to move into a licensed facility.

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6.) HB254 – Relating to the sale of distilled spirits at a temporary location by the holder of a distiller’s and rectifier’s permit.

The holder of a distiller’s and rectifier’s permit may sell distilled spirits at a farmers market.

TexasPHS Hot Take: Let’s buy some veggies and get lit.