Sec. 437.001. DEFINITIONS. In this chapter: (1) "Acidified canned goods" means food with a finished equilibrium pH value of 4.6 or less that is thermally processed before being placed in an airtight container. (1-a) "Beekeeper" has the meaning assigned by Section 131.001 , Agriculture Code. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(79), eff. April 2, 2015. (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. (2-b) "Cottage food production operation" means an individual, operating out of the individual's home, or a nonprofit organization that: (A) produces at the individual's home or the home of an individual who is a director or officer of the nonprofit organization, as applicable, any food other than: (i) meat, meat products, poultry, or poultry products; (ii) seafood, including seafood products, fish, fish products, shellfish, and shellfish products; (iii) ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato; (iv) low-acid canned goods; (v) products containing cannabidiol or tetrahydrocannabinol; or (vi) raw milk and raw milk products; (B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A), as the department annually adjusts for inflation using the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Bureau of Labor Statistics or its successor in function; (C) sells the foods produced under Paragraph (A) directly to consumers or to a cottage food vendor; and (D) delivers products to the consumer or cottage food vendor at the point of sale or another location designated by the consumer or cottage food vendor. (3) "Cottage food vendor" means a person located in this state who: (A) has a contractual relationship with a cottage food production operation; and (B) sells directly to consumers located in this state on behalf of the cottage food production operation a food other than a time and temperature control for safety food. (3-a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(79), eff. April 2, 2015. (3-b) "Farm stand" means a premises owned and operated by a producer of agricultural food products at which the producer or other persons may offer for sale produce or foods described by Subdivision (2-b)(A). (3-c) "Fermented vegetable product" means a low-acid vegetable food product subjected to the action of certain microorganisms that produce acid during their growth and reduce the pH value of the food to 4.6 or less. (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 under this chapter. (5) "Home" means a primary residence that contains a kitchen and appliances designed for common residential usage. (5-a) "Nonprofit organization" means an organization exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code. (6) "Produce" means fresh fruits or vegetables. (7) "Honey production operation" means a beekeeper that sells or distributes honey or honeycomb the beekeeper produces that is or from which is extracted pure honey as defined by Section 131.001 , Agriculture Code, that is raw and not blended with any other product or otherwise adulterated. (8) "Time and temperature control for safety food" means a food that requires time and temperature control for safety to limit pathogen growth or toxin production. The term includes a food that must be held under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that may cause human illness. The term: (A) may include a food that contains protein and moisture and is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products, pasteurized and unpasteurized milk and dairy products, raw seed sprouts, baked goods that require refrigeration, including cream or custard pies or cakes, and ice products; and (B) does not include a food that uses time and temperature control for safety food as ingredients if the final food product does not require time or temperature control for safety to limit pathogen growth or toxin production.
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