March 13: Submit your comments on TAHC's new proposed rule
Last fall, we alerted you to a proposed rule from the Texas Animal Health Commission (TAHC) that would have required require official identification on a wide range of cattle sold at sale barns. The agency has withdrawn that proposal, and is now proposing a new rule that would require official identification whenever a cow is sold, whether through a sale barn or private treaty, if the cow is parturient (within 2 weeks of giving birth), post parturient, or 18 months of age and older except steers and spayed heifers.
Learn more and take action here
February 27: Read FARFA's comments to DSHS about the proposed cottage foods rule.
February 21, 2012: Speak up to protect cottage food producers!
Thank you again to all of the people who sent comments to the agency and called their legislators to oppose the Department of State Health Services' (DSHS) proposed new regulations of farmers' markets. The agency has withdrawn the proposed farmers' market regulation. Your calls really do matter!
But our local food producers still face a problem due to another proposed regulation from DSHS. In the proposed regulation to implement the new cottage foods law, the agency seeks to impose extensive and unnecesary labeling requirements for low-risk home-made foods.
The deadline to submit comments is this Monday, February 27. Details for how to take action, including sample comments, are below.
The cottage foods provisions of SB 81 were very specific: the labels were to include the producer's name, address, and a statement that the food was not inspected by the local or state authorities. DSHS's proposed rule would require not only this information, but also:
* "the common or usual name of the product and an adequately descriptive statement of identity;"
* " 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;"
* "an accurate declaration of the net quantity of contents including metric measurements;"
* " 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"
The agency proposes to regulate even the smallest details of the label, including the size, type of ink, and placement. These provisions will not protect the public health, but they will discourage people from operating legal home businesses under the cottage foods law.
In addition, the agency has included provisions in the proposed rule for cottage foods that are not even relevant to cottage foods -- but which could cause serious problems for farmers' markets and farmers. Specifically, the agency included two provisions that were in the farmers' market proposed rule (now withdrawn) in the cottage foods rule:
* classifying farmers' markets as "food establishments"; and
* classifying "cut tomatoes" and "cut leafy greens" as "potentially hazardous foods" that require special time and temperature controls.
Since the proposed farmers' market rule has been withdrawn, logically, the agency should automatically delete these provisions from the proposed cottage foods rule. But we can't afford to make assumptions. So we also need public comments to urge the agency to delete these provisions from the cottage foods rule, consistent with its decision to withdraw the farmers' market proposed rule.
Take Action on Cottage Foods Rule
Please tell the agency to drop all of the unnecessary red tape and comply with the intention of SB 81! You can submit comments by mail or email.
MAIL: Cheryl Wilson, Food Establishments Group, PSQA Unit, Environmental & Consumer Safety Section, Department of State Health Services, Mail Code 1987, P. O. Box 149347, Austin, Texas 78714-9347
EMAIL: cheryl.wilson@dshs.state.tx.us
DEADLINE: Comments must be received by February 27.
SAMPLE LETTER
Remember to personalize your letter for the greatest impact! This sample letter is just to give you talking points and some help in writing your own letter. Your letter can be just a few sentences long, and it will still help make a difference.
Dear Ms. Wilson,
I am writing to express my objections to the proposed rules for labeling for Cottage Food Operations. The legislative intent of these labels was to inform the consumer as to who made their food, where their food was made, and that the food was made in a kitchen that was not inspected by the health department.
DSHS has ignored the clear language and legislative intent of the bill to create a long list of unreasonable labeling requirements. Large retail bakeries don't have to provide the weight information that DSHS seeks to impose on small home bakers and canners. And even the FDA recognizes that small businesses should not have to comply with the complicated allergen labeling requirements that DSHS seeks to impose here.
The requirements about the type of ink, font size, color, and placement of the words are unnecessary and merely make it more complicated and confusing for individuals trying to comply with the law.
The labels should contain what the statute requires: the name and address of the cottage food operator, and a statement that the food was not inspected by state or local authorities. The labels should be legible. That is all that is needed to enable consumers to make informed choices for themselves.
The agency should also delete the definitions for retail food establishments and hazardous foods in this proposed rule, except as they actually apply to cottage food operations. The proposed rule for cottage foods includes several new definitions, specifically: defining farmers markets as a "retail food establishment"; and defining cut leafy greens and cut tomatoes as potentially hazardous foods. These new definitions have nothing to do with cottage food operations, but they will have a significant impact on farmers across that State. These provisions should not be made through the back door in an unrelated rulemaking.
Thank you for your time and attention.
Name
Address
MORE INFORMATION
Read the full proposed rule at http://www.sos.state.tx.us/texreg/archive/January272012/PROPOSED/25.HEALTH%20SERVICES.html#175
Read SB 81 at http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/SB00081F.pdf#navpanes=0
(the cottage food provision begins on page 3; the farmers market provisions begin on page 5 of the bill)
September 1, 2011: Cottage foods bill and farmers market provisions go into effect today
The local foods provisions of SB 81 go into effect today in Texas. This includes both the new cottage foods law and the provisions for farmers’ markets.
COTTAGE FOOD OPERATIONS
Until now, anyone who prepared any food at all for sale was required to have a commercial kitchen and comply with extensive regulations. Under Sections 5 and 6 of SB 81, small-scale producers of low-risk foods are exempt from regulation under the following conditions:
1) They are selling non-potentially hazardous baked items (such as cake, cookies, brownies, fruit pies, or breads), canned jams or jellies, and dry herbs and herb mixes;
* “Non-potentially hazardous” basically means non-perishable foods that you would not normally keep in the refrigerator. Foods that are perishable, such as cheesecakes, custard fillings, or meringue pies, are not included under this law.
2) They sell the food directly to consumers;
3) They make $50,000 or less in gross sales of these foods;
4) They sell from their home; and
5) They label the food with the producer's name and address and a statement that the food is not inspected by the health department.
* The Department of State Health Services (DSHS) was directed to adopt a rule governing labeling, but has not yet done so. For now, we recommend that you develop a label with your name, address and the statement "This food is not inspected by the state health department or a local health department." Be ready to change your labels when DSHS comes out with rules, so don't order permanent supplies.
A cottage food operation cannot sell over the internet, but this does not prevent you from having a website to advertise your business. A cottage food operation also cannot sell food prepared in their home at the farmers market.
We’ve had reports that several county health authorities have told individuals that delivery is not allowed under SB 81. In response to such an email from a staffperson at the Williamson County and Cities Health District (WCCHD), FARFA wrote the district a letter challenging this interpretation. The Executive Director of WCCHD has disavowed the earlier email and stated that the district is not taking a position on the interpretation of SB 81 at this time.
If your local health department is making statements that restrict your rights under the new law, please let us know.
FARMER’S MARKET PROVISIONS
Section 7 of SB 81 also includes two provisions to help farmers market vendors:
1) Clarifies that farmers and food vendors at farmers markets can obtain temporary food establishment permits for up to one year, without limiting permits based on the number of days during which the farmers market takes place. This provision recognizes that farmers markets are special events regardless of the number of days that they occur on, while providing the flexibility for local governments to decide the best option for their jurisdiction.
2) Prevents mandatory mechanical refrigeration or electric heating requirements. While the state and local health departments can still adopt rules governing what temperatures foods must be kept at (i.e. to keep cold foods cold and hot foods hot), they cannot dictate the specific method by which the farmer or vendor meets these requirements. The only exception would be when a municipality owns the farmer's market; in that case, the municipality may specify the method to comply with food temperatures.
These farmers market provisions do not apply in counties with a population of less than 50,000 people, and over which no local health department has jurisdiction.
You can read the bill on the Texas Legislature's website
The new law going into effect today will help Texas home cottage foods producers and reduce some of the barriers for food vendors at farmers markets. We can use this victory to help lay the groundwork for broader changes in the next legislative session. One of our goals for the next session will be to expand the cottage foods provision to cover more foods and to allow for sales at farmers markets.
Thanks again to everyone who took action this session to help our farms and our food!
June 19: SB 81 Becomes Law
Governor Perry has released the list of vetoed and signed bills, closing the book on the regular session.
The good news is that SB 81, the food safety and local foods bill, was signed by the Governor! While Harris County and other local health departments succeeded in weakening it at the last minute, the bill still contains important provisions that will help the local foods movement:
• Exempting small-scale producers of baked goods, jams, jellies, and dried herbs from regulation so long as they sell directly to consumers from their home (but not from farmers markets);
• Barring health departments from mandating how farmers and food vendors maintain safe temperatures for their foods at farmers markets, protecting them against unnecessary mechanical refrigeration or heating mandates;
• Clarifying that farmers market vendors can obtain temporary food establishment permits without regard to the number of days the farmers market runs, which has been an issue for several markets around the state.
These provisions will help home cottage foods producers, while reducing some of the barriers for food vendors at farmers markets. And we can use this victory to help lay the groundwork for broader changes in the next legislative session. One of our goals for the next session will be to expand the cottage foods provision to cover more foods and to allow for sales at farmers markets.
More details on SB 81 are below, scroll down past the "legislative champions" and "thank you" sections.
Unfortunately, Governor Perry vetoed two of the “urban farming” bills, HB 2996 and HB 2997. But he did sign HB 2994, which creates an “urban farm microenterprise program.” The program is directed to provide financial assistance, from federal and private grants, to microenterprises in urban areas that are primarily engaged in: (1) research into processes and technology related to agricultural production in an urban setting; (2) the production or development of tools or processes for agriculture in a manner suited for an urban setting; or (3) agricultural activities in a manner suited for an urban setting.
In addition to the bills that we were actively involved in (HB 75, HB 1139, HB 2084, HB 3387, HB 2994, HB 2996, HB 2997, SB 81), FARFA monitored many more bills to watch for issues that could pose problems for local farmers and consumers. You can read a final summary of bills that will become law this September that may be of interest at http://farmandranchfreedom.org/Texas-2011-bills-final
Because of the budget problems, be prepared for fees for many government programs, including organic certification from TDA and regulatory activities by the Texas Animal Health Commission, to go up. We will keep you posted as rules for these fees are proposed.
On all of the bills, we had to fight entrenched money and power interests. The progress we made --- both in passing SB 81 and in educating legislators about raw milk --- was due to the commitment and passion of the thousands of people who took action during the session. From calling your legislators to spreading the word to your friends and neighbors to becoming citizen lobbyists at our education days, each of you played an important role in this effort. Thank you all!
Legislative Champions
We owe a great deal of appreciation to the legislators who sponsored our bills. They stood up to big agriculture and the entrenched public health bureaucracy, and spoke up not only for their own constituents but for the interests of local food producers and consumers across the state. Please take a moment to send a thank you note to:
- Representative Lois Kolkhorst, who sponsored the cottage foods and food freedom bill (HB 2084) and who successfully fought to get the cottage foods provisions placed into SB 81: Lois.Kolkhorst@house.state.tx.us
- Representative Eddie Rodriguez, who sponsored the first cottage foods bill (HB 1139) and the farmers market bill (HH 3387), and who managed to insert portions of the latter into SB 81: Eddie.Rodriguez@house.state.tx.us
- Representative Dan Flynn, who sponsored the raw milk bill (HB 75) and never stopped fighting to get it passed: Dan.Flynn@house.state.tx.us
- Senator Bob Deuell, who sponsored the Senate companion to the raw milk bill (SB 237): Bob.Deuell@senate.state.tx.us
These legislative champions were joined by others, both Republican and Democrat, who joint authored or co-authored these bills. If your Representative signed on to any of these bills, please be sure to thank him or her:
HB 75 (raw milk bill): Authored by Dan Flynn, David Simpson, Dennis Bonnen, Eddie Rodriguez, and Jodie Laubenberg, and co-authored by: Jose Aliseda, Jimmie Don Aycock, Marva Beck, Cindy Burkett, Warren Chisum, Garnet Coleman, Allen Fletcher, Kelly Hancock, Charlie Howard, Bryan Hughes, Jason Isaac, Phil King, Lyle Larson, Larry Phillips, Jim Pitts, Chente Quintanilla, Debbie Riddle, Paul Workman, Bill Zedler
Senate companion, SB 237: Senator Bob Deuell
HB 1139 (the first cottage foods bill): Authored by Eddie Rodriguez and Garnet Coleman, and co-authored by Jose Aliseda, Pete Gallego, Veronica Gonzales, Jim Jackson, John Kuempel, Jodie Laubenberg, and Charles Schwertner
HB 2084 (the second cottage foods and overall “food freedom” bill): Authored by Lois Kolkhorst and Eddie Rodriguez, and co-authored by Jose Aliseda, Leo Berman, Pete Gallego, Bryan Hughes, and Jason Isaac
HB 3387 (the farmers market bill): Authored by Eddie Rodriguez, Paul Workman, Jason Isaac, Jose Aliseda, and Bryan Hughes, and co-authored by Leo Berman, Armando Walle, and Beverly Woolley
HB 2994, 2996, and HB 2997 (the urban farming bills): Authored by Borris Miles, and sponsored in the Senate by Senator Craig Estes
SB 81 (the food safety bill that ultimately included cottage foods & farmers market provisions): Authored by Senator Jane Nelson and sponsored in the House by Lois Kolkhorst
To send a hard-copy thank you note to any Representative, mail it to:
The Honorable (full name)Texas House of Representatives
P.O. Box 2910
Austin, TX 78768-2910
To send a hard-copy thank you note to any Senator, mail it to:
The Honorable (full name)
Texas Senate
P.O. Box 12068
Austin, TX 78711-2068
Thank You's
Throughout session, many people worked hard to educate our communities and legislators about local food issues, and we appreciate each person’s contribution. I’d like to give a special thank you to a few individuals and organizations:
Emily Erickson, who skillfully organized our education days and hearing turnouts.
Jessica Evans, whose enthusiasm and passion for every task never waivered.
Brenda Morris, who volunteered to help with every event and for a lot of behind-the-scenes work as well, yet whose only question was what else she could do to help.
Kelley Masters, the leader of the Texas Bakers Bill group on Facebook, whose passion and dedication to the cottage foods bill rallied grassroots support and media attention across the State.
Dr. Mary Traverse, who spent many long hours at the Capitol educatin legislators and staffers about raw milk and local foods.
Thanks also to Texas Organic Farmers and Gardeners Association, Sustainable Food Center, Texas Impact, the Texas Food Policy Roundtable, Slow Food Austin, Edible Austin, Edible San Marcos, Food Democracy Now, and Organic Consumers Association, who lent their knowledge, expertise, networks, and support.
Thanks again to everyone who took action this session to help our farms and our food! We become more effective every year at impacting public policy and, with your help, we will work to build on the successes of this session to gain even more next session.
May 30: Harris County Health Department Undermines Cottage Foods Bill
The final crunch in the legislative session goes fast and furious, and Harris County Public Health Department took advantage of that to pull a dirty trick on the cottage foods bill.
Harris County Public Health Department has been one of the major barriers to any reform of the laws governing local foods. The Department hired lobbyists using Houstonians’ tax dollars and opposed the raw milk bill, the farmers market bill, and the cottage foods bill. Harris County was reportedly responsible for killing HB 2084 (the local foods omnibus bill) in the Local & Consent Calendars Committee so that it was not voted on by the House.
When Representative Kolkhorst amended SB 81, a general food safety bill, to include the cottage foods provision from HB 2084, the Harris County Health Department’s lobbyists went to work. The next day, as the final vote in the House neared, Representative Kolkhorst’s office was told that she must either accept an amendment written by Harris County or they would work to kill the bill on the floor --- and that, even if the bill passed the House, they would get Senator Nelson to refuse to concur in the changes.
To save the bill, Representative Kolkhorst agreed to accept Harris County’s amendment.
The Harris County amendment was handed to Representative Kolkhorst just before she reached the podium for the final vote. In her comments, she discussed the two changes that appeared major: a labeling requirement and a ban on internet sales. In the rush, one line went unremarked: it deleted the words “or a farmers market” from the cottage foods provision, with the effect of limiting sales of unregulated cottage foods only to people’s homes.
In the hectic crunch of the final days, FARFA missed the 4-word deletion slipped in by Harris County. We are deeply disappointed, both by what happened and the fact that we missed seeing the change, resulting in posting inaccurate information.
In practical terms, however, nothing could have been done to re-expand the cottage foods provisions to include farmers markets. Once SB 81 passed the House, the most we could get was to have the Senate concur in the House version.
Even with the change, SB 81 is an important step forward for local foods. Representative Rodriguez’s section for farmers markets will protect farmers from unnecessary mechanical refrigeration or heating mandates. It will also clarify that farmers market vendors can obtain temporary food establishment permits without regard to the number of days the farmers market runs, which has been an issue for several markets around the state. And while Representative Kolkhorst’s final cottage foods provision is limited to sales from the producers’ homes, it still opens the door for many home bakers and canners.
We will work to expand the cottage foods exemption next legislative session to cover sales at farmers markets.
SB 81 faces one last hurdle: the Governor. Please call Governor Rick Perry at 1-800-252-9600 and urge him sign SB 81. You can also send the Governor a message online at http://governor.state.tx.us/contact/contact.aspx