Texas is known for its friendly business climate that attracts companies from across the country. But the Lone Star State is not completely laissez-faire, especially when it comes to basic things like food safety. Those food safety laws are under the spotlight after a recent viral incident involving the seizure of tamales from a roadside vendor in Odessa. The event drew a strong rebuke from thousands online and on social media, who believed it was an example of government overreach and abuse. Others called it legalized theft.
In fact, the health officials who seized the tamales were enforcing the state's so-called "cottage laws," which allow small food businesses to operate without a full food-selling license. "Individuals can produce certain food items within their home, and sell them legally in the state of Texas," says Rebecca Dittmar, manager of the food protection program at Texas A&M AgriLife. "The push behind this whole cottage food law was to give individuals an opportunity to do almost a home-based business, but do it safely and within the constraints of the law."
"Safely and within the constraints of the law" means businesses must post info on where the food was prepared, and complete a food safety training course. And most importantly, they can't sell perishable items, also known as Time/Temperature Control for Safety (TCS) foods. That includes red meat, fish, poultry, and dairy---and yes, tamales. "Those items are just more likely to allow for the production of pathogens to occur, which can lead to food-borne illness, if they're not properly cooked and handled," says Dittmar. "That's the big worry...is how are certain food items prepared, how are they being held and transported."
The Texas Department of Health and Human Services (DHHS) has a full explanation of the state's food cottage laws on its website. Dittmar recommends those looking to produce and sell food, or those considering buying food from small vendors, review the law. "It's important to know what you're able to do legally before you do it, and understanding that there are certain guidelines," she tells KTRH. "You can't just sell anything."
Photo: AFP