DSHS bureaucrats have extended their middle finger to the Legislature and moved ahead with their labyrinth of proposed labeling rules for cottage food operators.
Read more in the Dallas Observer
The proposed rules can be read in the January 27 edition, page 296 of the
Texas Register.
In a nutshell, DSHS has taken 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.
Comments on the proposed new rule may be submitted to Cheryl Wilson, Food Establishments Group, Policy, Standards and Quality Assurance Unit, Division of Regulatory Services, Environmental and Consumer Safety Section, Department of State Health Services, Mail Code 1987, P. O. Box 149347, Austin, Texas 78714-9347, (512) 834-6770, extension 2053, or by email to cheryl.wilson@dshs.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
Please CALL, EMAIL, and SNAIL MAIL your letter TODAY, and get 5 friends and family to do the same. The bureaucrats couldn't win in the Legislature, so they're trying to circumvent the system and re-write our law behind closed doors. Don't let that happen.
Click here for a sample letter.