The 2023 State of Texas biannual legislative session is finally over! Many of the laws passed went into effect on September 1, 2023.
TexasPHS studied all of the bills affecting food manufacturers, restaurants, food trucks, and cottage food producers. Here are the bills that passed and are now state law.
1.) SB 664 – Relating to the labeling of analogue and cell-cultured products.
SB 664 was signed by Governor Abbott on May 15, 2023 and went into effect on September 1, 2023.
Recent technological advancements have given the ability for companies to create food products from non-traditional sources that mimic traditional sources of protein. Think Beyond Meat and Impossible Foods.
Often times these alternative protein sources are created using analogue or cell-cultured food products, and are then marketed with labels such as “Beef,” “Chicken,” “Egg,” and more, when they do not contain beef, chicken, or egg. The increase in variety at the food counter can be a positive for consumers, but it is important for the consumer to understand the nature of the products they are purchasing to feed themselves and their families. These companies must now use the words “cell-cultured” or “lab-grown” on the food label.
2.) SB577– Relating to regulation of food service establishments, retail food stores, mobile food units, roadside food vendors, temporary food service establishments, and food managers.
Texas restaurants are suffering under the complicated regulatory patchwork of food safety regulations under which they have to operate. Despite the presence of existing regulations from the Texas Department of State Health Services and the FDA, local health departments have piled on their own redundant and inconsistent regulations. This regulatory patchwork by local health departments can create confusion and require restaurants to pay for duplicative permits that can become costly to small businesses.
SB577 was signed by by Governor Abbott on May 27, 2023 and went into effect on September 1, 2023.
SB577 addressed 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.
3.) SB 331 and HB 95 – Relating to food labeling by a cottage food production operation.
These bills proposed the removal of the address on a label of a cottage food product. It did not pass.
4.) HB1079 – Relating to warning signs posted by certain food service establishments that prepare food items containing peanut products.
This bill did not pass.
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. These proposed bills sought to remove the $50,000 limit. These bills did not pass.
6.) HB254 – Relating to the sale of distilled spirits at a temporary location by the holder of a distiller’s and rectifier’s permit.
This bill also did not pass.
**Be sure to read the food laws that were passed in 2019 and 2021**
TEXAS PUBLIC HEALTH SOLUTIONS 