Originally Posted by jgifford
Originally Posted by jason_kraft
TX Section 437.0192 seems self-contradictory to me, it says "A local health department may not regulate the production of food at a cottage food production operation", while at the same time saying that "Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation." One would assume that the health dept does in fact have authority to regulate in the event of a complaint or can notify a state-level dept which has that power, otherwise what's the point of recording complaints?
On kelleym's website, the overview of the CFL states that the HD keeps a log of complaints so a customer can check to see if their "cake lady" has any complaints prior to ordering from her. I'm sure that any and all facets of the law will be challenged and clarified in the future. There would have to be some point where the HD can step in. It stands to reason that there's going to be someone (or several someones) who will make customers very ill and there must be a way to stop them.
Oh I was trying so hard to stay out of this.
Why does it "stand to reason" that someone is going to become ill? The only foods allowed under SB 81 are a small subset of non-potentially hazardous foods; foods that are not capable of supporting the growth of dangerous micro-organisms. I haven't heard of any terrible stories from other states that have had this law on the books for many years?
If someone is made sick, it's likely going to be through a potentially hazardous food, and if a home producer is selling potentially hazardous food, they no longer have the protection of the cottage food umbrella; they are an illegal food establishment, and the HD would proceed as they would with any illegal establishment.
And Jason, the law was written by a lawyer in accordance with accepted canons of statutory construction. If you have concerns or questions about it, I suggest retaining a lawyer in California to help you.