Cottage food industry legislation moves through the Legislature

"Like the Farm-to-Table Caucus, the cottage foods bill enjoys broad bipartisan support," Rodriguez said. "I'm excited to see what kinds of small businesses are able to flourish after this bill makes it through the Senate."

Bill details

The bill expands the list of allowable foods for sale to include safe food items such as roasted nuts and nut butters, fruit butters, candies, cereals, granola, dry mixes, vinegar, pickles, mustard, roasted coffee or tea, and dried herb mixes.

A food business is considered a "cottage food" operation if the producer only sells directly to consumers—earning less than $50,000 a year selling the products—and is limited to nontoxic foods such as dried herbs, coffee and nuts.

The packaging on such foods must include a warning that the food is not subject to rigorous state health standards and is made at home, so consumers can make informed choices about the foods they buy.

Opposition

Opponents to the legislation argue that expanding the list of foods that are not subject to state health permitting and standards—often considered far too expensive for many cottage operations—is asking for trouble.

They also argued municipalities should be allowed to regulate their own operators.

But the bill was endorsed by House Public Health Committee Chairman Lois Kolkhorst, vice chairman of the caucus and a Republican from Brenham, a rural community that prides itself on local foods, including Blue Bell ice cream.

"This bill protects our smallest food producers from being over-regulated," Kolkhorst said. "It's a bipartisan effort to encourage our free enterprise system and promote healthy local options."

The bill also won the endorsement of the ultra-conservative Texas Public Policy Foundation, which rarely gets behind legislation proposed by Rodriguez, a liberal Democrat. The foundation applauded the legislation that supports "talented food producers across Texas."

"It is clear that the public is demanding a wider variety of culinary options, as we have seen with the proliferation of food trucks, farmers markets and other modes of delivery that are different from traditional restaurants and grocery stores," said Marc Levin, director of the Center for Effective Justice at the foundation. "Policymakers must take this step to ensure that the regulatory framework keeps with the innovations we are seeing in the private sector and the changing tastes and demands of Texas consumers."

Farmers markets

The House also passed a bill allowing more food demonstrations at farmers markets.

Dubbed the "Farmers' Market Sampling Bill," the legislation by Longview Republican Rep. David Simpson seeks to simplify procedures for cooking demonstrations and tastings at farmers markets, eliminating fees that are difficult for some artisans to afford—and decreasing the access by the public to local food, supporters said.

The bill passed with no opposition, and must still pass the Senate before it becomes law.

"Today the House took a positive step toward a more common-sense approach to farmers markets that increases freedom for our citizens and small businesses," Simpson said. "By lifting unnecessary burdens off the backs of our farmers, I am hopeful that this bill will encourage a robust local foods movement and increase access to healthy food sources."