In this chapter:
- (1) "Board" means the executive commissioner.
- (2) "Commissioner" means the commissioner of health.
- (2-a) "Baked good" includes cookies, cakes, breads, Danish, donuts, pastries, pies, and other items that are prepared by baking the item in an oven. A baked good does not include a potentially hazardous food item as defined by department rule.
(2-b) "Cottage food production operation" means an individual, operating out of the individual's home, who:
- (A) produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the person's home;
- (B) has an annual gross income of $50,000 or less from the sale of food described by Paragraph (A); and
- (C) sells the foods produced under Paragraph (A) only directly to consumers.
- (3) "Department" means the Department of State Health Services.
- (3-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
- (4) "Food," "food service establishment," "retail food store," "mobile food unit," "roadside food vendor", and "temporary food service establishment" have the meanings assigned to those terms by rules adopted by the board under this chapter.
- (5) "Home" means a primary residence that contains a kitchen and appliances designed for common residential usage.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 617, Sec. 1, eff. Sept. 1, 1993.
Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 5, eff. September 1, 2011.