Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION OPERATIONS PROHIBITED OR RESTRICTED. (a) Except as provided by Subsection (a-1), a cottage food production operation may not sell food at wholesale. (a-1) A cottage food production operation may sell to a cottage food vendor at wholesale food other than a food described by Sections 437.002 (2-b)(A)(i)-(vi) or a time and temperature control for safety food. (b) A cottage food production operation may sell a food other than a food described by Sections 437.002 (2-b)(A)(i)-(vi) in this state through the Internet only if: (1) the consumer purchases the food through the Internet from the operation and the operator or operator's employee or household member personally delivers the food to the consumer; and (2) subject to Subsection (c), before the operator accepts payment for the food, the operator provides all labeling information required by Section 437.0193 (e) and department rules to the consumer by posting a legible statement on the operation's Internet website. (c) The operator of a cottage food production operation that sells a food in this state in the manner described by Subsection (b): (1) is not required to include the address of the operation in the labeling information required under Subsection (b)(2) before the operator accepts payment for the food; and (2) shall provide the address or unique identification number of the operation on the label of the food in the manner required by Section 437.0193 (b) or (b-1) after the operator accepts payment for the food.
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