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Proposed Rules for Labeling

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*Revised* Proposed Rules for Labeling.  These are not official yet.  Continue to label your foods as laid out in item 5 on the Law Summary page.

(d) Labeling requirements for cottage food production operations. All foods prepared by a cottage food production operation must be labeled.

(1) The label information shall include:
(A) the name and physical address of the cottage food production operation;
(B) the common or usual name of the product;
(C) a list of any of the major food allergens (eggs, nuts, soy, peanuts, milk and/or wheat) used in the product; and
(D) the following statement: "Made in home kitchen, food is not inspected by the Department of State Health Services or a local health department."
(2) Labels must be legible.


 Read more about the original proposed labeling rules here:

"Texas' Cottage Food Law Passed, But That Won't Stop the State from Changing It" Dallas Observer
"Sugar and Strife" in TheDaily.com
"Don't Mess With Texas Cottage Food Law" by Robb Walsh
"Proposed Rules Threaten Cottage Food Operators" Austin Chronicle
"Cottage Food Producers Wary of New Rules" Austin American-Statesman

The proposed rules can be read in the January 27 edition, page 296 of the Texas Register.

In a nutshell, DSHS has taken these simple labels (which were simply supposed to inform the consumer who they bought their food from, where the food was made, and that the food was made in a home kitchen), and turned them into a bureaucratic string of red tape a foot long.  NONE of the labeling rules proposed by DSHS apply to licensed bakeries, food establishments, coffee shops, or doughnut shops.  But for some reason DSHS has concluded that in the name of public health, a home baker must weigh a wedding cake and list that weight (in metric) in order to operate a legal business.

PROPOSED RULES
All foods prepared by a cottage food production operation must be labeled.
(1) The label information shall include:
(A) the name and physical address of the cottage food production operation;
(B) the common or usual name of the product and an adequately descriptive statement of identity;
(C) if made from two or more ingredients, a list of ingredients in descending order of predominance by net weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;
(D) an accurate declaration of the net quantity of contents including metric measurements;
(E) allergen labeling in compliance with the Food Allergen Labeling and Consumer Protection Act of 2004, Pub. L. No. 108-282, Title II, 118. Stat. 905; and
(F) the following statement: "Made in home kitchen, food is not inspected by the Department of State Health Services or a local health department" in at least the equivalent of 11-point font and in a color that provides a clear contrast to the background.
(2) Labels must be clearly legible and printed with durable, permanent ink.
(A) Ingredient statements shall be at 1/16 of an inch or larger.
(B) Ingredients shall include components of the ingredients.
(C) Net quantity of contents shall be separated from other text on the label and must be located in the bottom third of the label.


The 30-day public comment period starts January 27 and ends February 26, 2012.

HOME BAKERIES ARE NOW LEGAL IN TEXAS

There are just a few restrictions; read the law, the summary, and the FAQ to see how easy it is to have a legal home baking business.

The law went into effect on September 1, 2011.

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History
In the past, in Texas, it was illegal to run a "food establishment" from a residential kitchen, even if your product was low-risk baked foods like cakes and cookies.  You could not have a legal home bakery. 

A group of dedicated home bakers changed that in 2011.

SB 81 was signed into law by Governor Rick Perry on June 17, 2011.