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Home bakers need your help again! LONG-UPDATE
The lovely state of Texas is still trying eveything they can to limit home bakers, despite the legislature passing a law that allows this. I am pretty sure that, again, it is likely the Harris county health department at work (using your tax dollars, no less).
The law is very clear on what is required as far as labeling. Text from the actual law:
Sec. 437.0193. LABELING REQUIREMENTS FOR COTTAGE FOOD
PRODUCTION OPERATIONS. The executive commissioner shall adopt
rules requiring a cottage food production operation to label all of
the foods described in Section 437.001(2-b)(A) that the operation
sells to consumers. The label must include the name and address of
the cottage food production operation and a statement that the food
is not inspected by the department or a local health department
Pretty clear, right? The intent of the labeling requirements in the law is to inform people that the food was made in a home kitchen, provide the address of that kitchen and inform people that the food was not inspected by a health authority. Seems reasonable and straightforward and is in line with multiple other states with cottage food laws.
Enter DSHS. See below for their proposed rules on labeling requirements:
(d) Labeling Requirements for Cottage Food Production Operations. 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 shall comply with the Food Allergen Labeling and
Consumer Protection Act of 2004 (FALCPA);
(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.
Proposed - 5
(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.
Can you imagine having to do this type of labeling for every custom cake? There is no public health benefit whatsoever to what they are propsing. If you get a scone at Starbucks, does it contain measurements of every ingredient in imperial AND metric measurements in descending order in 11 point font and permanent ink? Nope. It is handed you in a brown bag.
These proposed rules violate the letter and spirit of the law in every way possible. PLEASE take a few minutes to write a letter voicing your opposition to these ridiculous proposed rules. Rep. Lois Kolkhorst, the author of the bill that was written into law is outraged that DSHS has overstepped their bounds to try and circumvent the law she wrote and the Texas legislature passed AND the governor signed into law.
Here is a link to a sample letter, with the mailing address:
http://texascottagefoodlaw.com/Home/SampleLetters.aspx
By law, DSHS must respond to each and every letter. Please flood them with mail!
If you got this far, bless you. Thank you!!!!
UPDATE 1/30: An email counts as much as snail mail. Please go to the link above and send an email. A sample is provided, so all you need to do is copy and paste!! Thank you!!
Email address is:
Cheryl Wilson
cheryl.wilson@dshs.state.tx.us
Re: Home bakers need your help again! LONG-UPDATE
I would think that stating on the label that it is made in a home kitchen and not inspected by the health department is pretty self explanatory and clearly states that the consumer is assuming the risk. Stupid.
PS.. I've been in your kitchen and I'd eat anything you served out of it. I can't say that for a number of restaurants/bakeries I've seen in my day.
right Kimmer!
Also, i will assume that starbucks has nutritional information available for every item they sell even if they don't hand it to you with your scone. BUT, ask a barista what is in it and they're not going to know. A home baker, on the other hand, is going to know every ingredient in the item they made, and can tell the person they're selling directly to at their home per the law.
I would say that if you have to make such ridiculous labels for your marmalade and Odear has to make them for her cakes, when I buy a scone at Starbucks it better well have the exact same labeling on it. And every single barista at Starbucks better know exactly what is in a blueberry scone, including weights and measurements.
And also, what about a person like myself. I don't care what's in my cake. When I buy a cake from Odear I understand that it's made in her home kitchen, that isn't inspected by the health department, and barring her making my cake with rat poison or shivs, I don't care. If I cared, I would buy my cake from Costco, or Kroger or another retail bakery.
unless that is what you ordered. then she would tell you the shiv is in the bottom layer.
Click it if you can't say it!
That shiv label better be in durable ink or I'll sue.
Thanks, ladies. Shiv cakes for everyone!
As melrrr pointed out, some of the proposed rules are just stupid. The labels can't be printed with an inkjet printer? Come on-it is a cake! It is something that is likely going to be gone in 1-24 hours after delivery/pickup. Is inkjet ink really going to disappear in a day?
Imperial AND metric weights? Why?
I think most people understand that if they order a cake with hot pink icing, there is going to be artificial dyes in it.
Commercial bakeries do not have to follow these same rules. If it is all in the name of public health, then a bakery should have to follow the same labeling rules. If the argument is that commercial bakeries are inspected, so there is an additional layer of "safety"....think again. There have been very recent reports that Harris county is delinquent in their health department inspections in something crazy like 75% of food establishments.
I have no problem with listing potential allergens. My kitchen is not peanut, tree nut, soy, dairy or wheat free. I will just list them all. Done.
My question is this-where is the customer's responsibility in all of this? If people don't feel comfortable buying from a home baker THEY DON'T HAVE TO. If they are worried about allergens, cleanliness, etc they are free to go to a bakery (if that is what makes them feel better).
If someone called/emailed me about a cake and said something like this to me: "My son has severe peanut allergies, can you make a cake that is peanut free and free of any potential peanut products"? My answer would be "Thank you so much for contacting me, but my kitchen is not peanut free and I am not comfortable selling you a food item that I can't guarantee would be safe."
If someone has such severe allergies and is a guest at a party, they just aren't going to eat anything that they don't 100% know what is in it. That is life for people with severe food allergies. Think about it-I can put 15 labels on the box that a cake or cupcakes are packaged in, but are the guests going to see that? Nope. They are just going to see a pretty display of food.
As I updated above, an email holds just as much weight as snail mail. Please take a minute to send an email! Samle letter is in the link above, so all you need to do is copy and paste!
Just sent mine!
This whole thing is so stupid.