# Texas Honey House Laws or Production Laws



## Growing Boy

That question has been discussed here before.http://www.beesource.com/forums/archive/index.php/t-225584.html
The answer ultimately is 'it depends'. Where I am located I can sell just about anything I want off my front porch or out of the back of my car. The closer you get to a large town or city the harder it gets.
Generally I've found here in Texas anything goes. Til someone says it doesn't if you know what I mean.


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## KQ6AR

Some states it maters if you're selling for resale or not.
If you don't proses the honey or add any fruits, nuts etc. & are selling to the end user it might not mater.


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## Kingfisher Apiaries

I do not know the laws, need to start looking up, have a couple of options on just going somewhere and packing. 
I do know that the kitchen is a NO-NO. 

Mike


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## Daddy'sBees

Try this link:
http://www.burger.com/beelaw.htm


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## jlopez

Hey kingfisher turning the orchard building into honey house will be setting up all the equipment up over the next month. Will also have wood shop.


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## Kingfisher Apiaries

Jerry you need some help could stop by some evenings after work....

mike


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## swatkins

I know this is a old thread but I have searched everywhere for the current requirements for Texas and I have not found any useful links or resources.. 

Does anyone know?


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## Tom Brueggen

Same here. I've heard it can be pretty tedious, and that the kitchen is not allowed (something to do with minimum distance from a restroom). I'm going to start by calling the TAIS tomorrow. I'd hope they'd know where to direct me. The Texas Rules and Statutes define honey, but make no mention of honey houses or the governing body. 

Much like other hopefuls, I'm going into year three of beekeeping this year. I'm running about 20 hives and in years past have had no problem selling out of what honey I got. So this year I'm turning my focus to honey production (rather than colony production) with the minimum goal of 500 lbs. I think with 5-10 hives dedicated to honey production this should be no problem. Here's to hoping!


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## Tom Brueggen

Here is what I have found. To retail honey in Texas you have to have a food manufacturers license. This is granted by the Department of State Health Services (DSHS). This license is of course only given after you've met their criteria. A major point of this criteria is a stand alone honey house which must pass inspection by I believe the Texas Dept of Agriculture (TDA). I have not found the explicit rules on a honey house, but am aware that it cannot be in your private residence (not your kitchen). I don't know if you could have it in your back yard, or if you have to have a separate property dedicated for the honey house. I would hope you could have it on your home lot, so long as it's not actually IN your home. 

I saw a few pictures of a friend's honey house, and it looked intimidating enough to scare me off. He had a stainless steel three basin sink and a refrigerator. That's more money than I have right now!

An option of you don't want to have your own facility, you can still market your product by having a co-packer bottle it for you. You might check with your local club to see if someone there is licensed and willing to work with you shares or cash.


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## mythomane

Where did you get this information?






Tom Brueggen said:


> Here is what I have found. To retail honey in Texas you have to have a food manufacturers license. This is granted by the Department of State Health Services (DSHS). This license is of course only given after you've met their criteria. A major point of this criteria is a stand alone honey house which must pass inspection by I believe the Texas Dept of Agriculture (TDA). I have not found the explicit rules on a honey house, but am aware that it cannot be in your private residence (not your kitchen). I don't know if you could have it in your back yard, or if you have to have a separate property dedicated for the honey house. I would hope you could have it on your home lot, so long as it's not actually IN your home.
> 
> I saw a few pictures of a friend's honey house, and it looked intimidating enough to scare me off. He had a stainless steel three basin sink and a refrigerator. That's more money than I have right now!
> 
> An option of you don't want to have your own facility, you can still market your product by having a co-packer bottle it for you. You might check with your local club to see if someone there is licensed and willing to work with you shares or cash.


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## Lburou

mythomane said:


> Where did you get this information?


Look at dshs.state.tx.us/foods
or, call 512-834-6626
Texas administrative code 229.183(3) prohibits food manufacturing in 'living areas'

Our beloved, benevolent govt wants to keep us all safe.......Good luck


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## Tom Brueggen

I've called and spoken with DSHS for details. They pointed me to the generic food manufacturing facility statutes pertaining to sanitary operations.

You CAN have the facility on your own property, even a special room built within the garage (not sure if attached garage, mine is detached). 

Talking with the inspector he seemed pretty easy going and lenient on things. They're main focus is to make sure you aren't bottling under conditions that could contaminate the honey.

The statutes can be intimidating, but the inspectors have latitude here. For example, the statutes require a restroom in the facility. This is NOT required if a restroom is accessible within a "reasonable" distance. One guaranteed requirement is a dedicated hand washing sink. This CANNOT double as a ware washing sink. It has to be dedicated for hand washing only.


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## mythomane

We have always been exempted from this. Now they are saying we need to build a commercial kitchen? My guess is a lot of newbees called them and wanted to know what the "legal" thing to do is, and some pencil pusher just threw honey in under the general statutes. That is just incredibly stupid. Never had to deal with any of this in 25 years as a beekeeper. The blind leading the blind. Looks like I am a criminal now. Oh well....


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## Lburou

mythomane said:


> ....... Looks like I am a criminal now. Oh well....


Its impossible not to break some law or other as a beekeeper in the state of Texas (and, I suppose many other states). If you move a colony to or through another county, you need a permit. If you move your hive tool through another county you need a permit. If you sell bees you need a permit & inspections. If you remove bees from structures you need a permit (one for each county). If you sell queens you need a permit & inspections. If you sell honey, any honey, you are required to hold a 'Food Manufacturing' license -or, bottle your honey in a licensed facility, one member of our Club has that license so we can use his facility. The permits for moving cost $35 and are valid for one move. The other permits are renewed annually. That is the tip of the iceberg.

We are all criminals mythomane......


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## B-Rant

I just saw this today: http://txbeeinspection.tamu.edu/beekeepers/honey/

My prior understanding was that honey in Texas was a raw product, like a cucumber and didn't require a commercial kitchen or a food manufacturer's license. Go to a farmer's market and look at all the produce vendors selling vegetables and honey. How many of them do you think have a full-blown commercial kitchen?

It looks like we have a new chief apiary inspector as of March 2014, so new rules are being put in place.

B


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## mythomane

We have, (until recently it seems), been exempted from this BS. Now one or two fools have decided to clamp down on independent beekeepers. Because people are dying left and right from our contaminated product. How many examples/problems can they name in the last 150 years of people getting sick from "bad" honey. None. But now it is illegal for us to sell it unless we sign up with Sue-Bee/get a commercial kitchen/get permits, etc. Let me get this straight -- Crap honey from China/SA/SueBee is OK, but Clean honey from small farmers is illegal. Just a matter of who gets paid off. This is complete garbage....


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## Tom Brueggen

I questioned the cottage law as well. I was told that honey did not currently fall under the cottage law, but may in the coming years. 

My understanding is that some farmers markets do not require the food manufacturer's license to sell there. But the particular market I inquired too is sponsored by the city of Houston, and the city requires it. I assume that most small town markets and roadside stands can escape this burden. 

Again, if you have the space and maybe $1000 (maybe far less) you could easily convert a small area in your garage and be good to go and get licensed. Me personally, physically, I do not have the space in my current garage, and can't invest in a standalone structure. 

Unless you have a large surplus of honey to where you actually need to sell retail and markets just to move it, I would not bother with the permitting. Just get your name out there through friends and family and you'll do fine. Local classified ads are great for easy cheap advertising.


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## Michael Bush

All of the food laws are created to get control of the food supply away from ordinary people and into the hands of the corporations.


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## Tom Brueggen

I completely agree. Best way to fight this bureaucratic BS is to work around it. Grass roots marketing and person to person sales increases your margins and pulls the money back from the greedy ones trying to tax every aspect of our lives. 

Don't panic, just call and inquire about rules and regs and you can usually find an easy loophole.


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## Lburou

I contacted the Texas State Govt about bottling honey. Here is the response:



State of Texas via email said:


> Subject: RE: Request for Information about bottling Honey for sale
> 
> Good afternoon,
> 
> Thank you for contacting the Foods Licensing Group. Sorry for the delay in responding; we are very short staffed.
> 
> You will need a food manufacture license.
> 
> You can apply by filling out an application and mailing it in with the fee or you can apply online and pay with a credit card. An application is attached for your convenience and here is the link to the online application: http://www.dshs.state.tx.us/fdlicense/apps.shtm#food
> 
> If you apply online you will need to register first. The registration takes about 5 minutes to complete; you will have to complete the security step (“enter the characters from the picture below”). If you cannot make out the characters please click on the “refresh” button until you get to a set you can read. The system will send you a temporary password; copy it and then click the link to get to the log in screen. You will need to change the password. Once you get to the main menu page you will need to click on “apply for a new license” this will bring up a list of all the licenses available. You will need to scroll down to “Foods Program” and select “Initial Food Manufacturer License.”
> 
> Please make sure to answer all of the questions. It takes us four to six weeks to process the paper application and mail the license. The online applications take six weeks or less. The licensing rules are available at: http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=25&pt=1&ch=229&sch=L&rl=Y
> 
> Texas Administrative Code Title 25 Part 1 Chapter 229 Subchapter L §229.183(3) Living areas: No manufacturing or holding of foods for distribution shall be conducted in any room used as living or sleeping quarters. All food manufacturing and storage shall be separated from any living or sleeping quarters by complete partitioning.
> 
> The basic requirements including facility requirements are available at www.dshs.state.tx.us/foods click on "Rules/Regulations" then click on "General Food and Drug" and then click on "Sections 229.211 - 229.222". In some parts, the rule is a little vague; this is because that one rule set applies to over 40 different types of manufacturers and wholesalers. You will need to read through the rules and if you have specific questions you can contact the* Foods Group at 512.834.6670. They will do their best to talk you through your questions. The law (Texas Food, Drug, and Cosmetic Act) is also available through the Foods Group website – click on “Statutes/Laws” You are strongly encouraged to read through the laws and regulations as the last sentence of the signature block on the application reads: I FURTHER CERTIFY THAT I HAVE READ AND UNDERSTAND CHAPTER 431 OF THE HEALTH & SAFETY CODE, THE APPLICABLE PROVISIONS OF 25 TEXAS ADMINISTRATIVE CODE, CHAPTER 229, AND AGREE TO ABIDE BY THEM.*
> 
> *You will also need to review the general labeling information on the Foods Group website and the labeling information in the Code of Federal Regulations (link available on their website). You can also use the search engine of your choice to look for the "FDA Food Labeling Guide" for more labeling information. In general you will need the following: the common name of the food, the net contents statement, a list of ingredients in descending order by weight including sub-ingredients, the name of the company and the physical address of the company.*
> 
> *You may also be required to register your business with the FDA as part of the Bioterrorism Act. Last time I looked at the FDA website this registration was free. General information on food facility registration is available at:http://www.fda.gov/Food/GuidanceCom...tion/RegistrationofFoodFacilities/default.htm *
> 
> *Again, our processing time is normally 4 to 6 weeks.*
> 
> *If you have questions, please feel free to email.*
> 
> *Thank you,*
> *Rosemary Saldiva, R.S.*
> *Manager, Foods Licensing Group*
> *phone: 512-834-6626 X 2411*
> *fax: 512-834-6618*
> *Regulatory Licensing Unit*
> *Mail Code 2835*
> *P.O. Box 149347*
> *Austin, Texas 78714-9347*
> *www.dshs.state.tx.us/fdlicense*


They didn't answer the phone, hence the email approach. Fortunately, I have a friend with the proper license, I can use his facilities.


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## Jaseemtp

Mythomne, I did not call the State first. I was approached by local farmers market about selling honey there. When I told them that I could since I had enough honey, they then told me that it needed to be permitted. So then I had to start digging around. 
So I found a commercial kitchen in Fort Worth for $25 an hour I could use the kitchen that was up to standards... So to use her kitchen I had to have insurance, she required $2,000,000.00 liability policy. I also needed a food manufactures permit and attend a food handlers class. I had to have my permit in my name but with her kitchens address registered with the State.

Just so y'all know all this stinks! It has been a big pain just to try and find out what they require for use to sell something as simple as honey. We are held to the same standards as some one cooking and selling meat. I have been a criminal with bee keeping but I wanted to go "legit" and fly above board. Since I have established it as a side business and wanted good bookkeeping, also for an ag exemption on my property.

Now I understand that there is legislation that is being looked at to make it where honey is not considered a processed food and place us in the cottage food law protection.


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## mythomane

You did call the state in -- after some yahoo at the Weatherford Farmers Market said you could not sell there. In the last 150 years here in Tx has anyone ever been arrested or cited for this infraction? NOPE. Because it was not against the law...Until a few newbeeks from North Texas wanted to go "legit" and make a mess starting a few months ago. Good news is, the Tx gov. has trouble enough answering the phone let alone enforcing this, and really what is the good reason for them doing that anyway? They always pull the "public safety" card but there is no danger here. At all.


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## Jaseemtp

What is the worst they could do to you or us? I am not sure, I do know that the farmers markets around here will not let me sell honey with out a permit. I agree that it is silly and not needed, but some one has to fund the government. If we do not fund them then who would tell us what was safe.
Farmers markets are my next step in selling my honey, I finally am at a point where I have honey left over as I have saturated my market ( friends & family ).


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## B-Rant

Yes, it's disappointing that the current cottage law allows you to make candy or muffins with your honey and sell them at farmer's markets, but you can't bottle your honey. You can even sell homemade pickles under the new cottage law! Have you ever seen pickles made the "old-school" way in a crock, where you need to skim the top every few days? Don't tell me that's safer than my extractor and bottling bucket.

B


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## mythomane

In other news here along the same lines:

http://www.wfaa.com/story/news/loca...aces-charges-fines-under-new-fw-law/18571521/


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## ikswokjag

I'm going into my 3rd year of beekeeping and was finally excited as selling honey was becoming a real possibility. Then I discovered this news about TX DSHS misinterpreting their own cottage food law. Within the law, it names specific foods allowed to be made in a home kitchen and sold. Honey is not on that last. Then it names foods prohibited for sale under cottage food law. Honey is not on that list either. Then it names criteria that would prohibit food from being allowed under cottage food law. A high risk of spoilage or contamination are reasons a food would not be allowed. We all know honey is extremely stable and resists bacterial growth. It seems that someone at the state agency looked at the first list but did not read the last section, or was uneducated about the qualities of honey to know the last section would not rule out honey. After making their interpretation (possibly due to the many new beeks inquiring), it became their standard operating procedure. There is a board of council members that make recommendations about changes to law. It's not clear how to present a case to them to get honey added to the approved foods list under cottage law, but judging by the foods that are on the list, honey would be the safest food that could be packaged in a home kitchen for sale. Any TX beeks able to help get the ball rolling on this? It would be a huge, much needed benefit to virtually all hobby and sideline beekeepers in Texas.


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## mythomane

It is a power grab. FARFA is already on this. Contact Judith McGeary if you want to help out.


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## ikswokjag

Thank you, mythomane. I just sent them an email.


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## SowthEfrikan

I'm wondering how they will react to something like the Flow hive. Straight from the hive to the bottle, no kitchen required.


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## mythomane

They will not react. They want you to spend 30k building a commercial kitchen to sell your honey. It is not about safety. It is about the Texas inspector being in collusion with the AHPA and BigAg to shut down small producers with clean product cutting into their bottom line. We need to make the world safe for Chinese Honey!


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## Michael Bush

>It is about the Texas inspector being on the take with the AHPA and BigAg to shut down small producers with clean product cutting into their bottom line. 

Even if the inspectors aren't on the take, BigAg has the clout to lobby for lawas that shut down the small producers and that is to their advantage.


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## mythomane

You are correct Michael, but in this case there are no new laws. They are just changing their position and "interpreting" the law differently. This interpretation of course directly causes money to be sluiced into certain peoples pockets. Its ridiculous, as the foreign honey coming in, as well as that of many domestic producers is not something that I would want to eat. HMF, pesticides, additives, GMO. You name it. All generally untested. I wonder about the "kitchen" conditions in these 3rd world countries. What a joke.


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## SowthEfrikan

Oi. As a third-worlder, I would like to assure you that our kitchens are not necessarily a hazard (although I have to agree, I would not eat, nor let my dogs eat, anything from China). So really what I am hearing, it depends on the local farmers market's interpretation also? Some will allow you to sell your honey while others will not?


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## ikswokjag

http://traviscountybeekeepers.org/resources/beekeeping-laws/
The above site contains links to the current Texas health and safety cofe as well as the exemption that is being sought to allow small scale honey sales. It doesn't appear that the exemption had been sponsored in order to be presented to the legislature, so I have no idea on a time line or the likelihood that it will pass. It's not clear if this exemption would allow sale of creamed honey or flavored honeys nor do I know how they define raw. Is 2500 pounds a little low? I'm no where near that level now, but could see achieving it in a few years and still feeling like a small scale honey producer.


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## SowthEfrikan

Thank you for all those extremely useful links. 

The exemption looks quite hopeful but I noticed that it is incomplete - for example, it should include the warning that honey should not be fed to a children under 1 year old. Who drew this up? And what does it take to get something sponsored? Does anyone know? Shouldn't we all in Texas be rallying together to see that it happens?

PS I called my local representative in the Texas Senate and spoke to a lovely young man whose sister has just started beekeeping (and I pointed out an exemption would be helping his sister). He seemed really interested. He did say the deadline to get legislation in is Friday this week, and that they are overloaded, but it could well be something they may look at in the future. He may simply have been stroking a constituent but ya never know.


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## ikswokjag

Ok, folks. HB 2600 has been introduced yesterday by Eddie Rodriguez to the Texas legislature. Please get the word out to your representatives to support house bill 2600. You can read it here:
http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=84R&Bill=HB2600 
In a nutshell, you'd be allowed to bottle honey in your home and be allowed to sell. You'd still have to pay for a permit and you'd have to use a label that says it was processed in a home facility or something to that effect. I don't like the word "processed," but that's how the bill is written.

Please contact your State Representative and State Senator and urge them to co-author the bill.**You can find out who represents you at:

http://www.fyi.legis.state.tx.us or call the Capitol Switchboard at 512-463-4630

http://farmandranchfreedom.org/texas-legislative-update-2015/


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## SowthEfrikan

ikswokjag said:


> Ok, folks. HB 2600 has been introduced yesterday by Eddie Rodriguez to the Texas legislature. Please get the word out to your representatives to support house bill 2600. You can read it here:
> http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=84R&Bill=HB2600
> Please contact your State Representative and State Senator and urge them to co-author the bill.**You can find out who represents you at:
> 
> http://www.fyi.legis.state.tx.us or call the Capitol Switchboard at 512-463-4630
> 
> http://farmandranchfreedom.org/texas-legislative-update-2015/


If anyone else is a constituent of Bob Hall (Dallas, Rockwall, Hunt, Hopkins, Kaufman, Delta, Van Zandt), call Dillon Caylor at 512-463-0102 at the Senator's office ([email protected]), and he will try to get this before the Senator tomorrow morning. He also said the bill was larger than just honey, but they might be able to focus only on the honey portion and get that through.l Talk about timing. Thank you for sharing with us!


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## gww

If you still have to pay for a permit to sell small quanities, I guess it is still about the money. I am glad no one seems to care what I do where I live.
gww


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## SowthEfrikan

Since when has government not wanted to part you from your hard-earned cash? All for the greater good, of course.


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## SowthEfrikan

Update 3/12/2015 Received a call from Bob Hall's office to say that while they like HB2600, they are unable to help introduce and carry it - it will wait until the next session in 2017. However, they said that they would actively look for bills where they could possible introduce an amendment for small scale honey production.


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## ikswokjag

SowthEfrikan said:


> Update 3/12/2015 Received a call from Bob Hall's office to say that while they like HB2600, they are unable to help introduce and carry it - it will wait until the next session in 2017. However, they said that they would actively look for bills where they could possible introduce an amendment for small scale honey production.


I wonder why they say it will wait until the next session in 2 years? As far as I can tell, the bill has already been introduced. It was read and will be assigned a committee for review. Once the review is read as favorable, the house will vote on it and it will continue through the legislative process. Maybe Bob Hall cannot help carry it because he is not assigned to the committee that covers this bill's subject matter? I signed up for alerts regarding this particular bill, so I should be receiving updates whenever anything happens as it moves through or comes to a halt within the legislative process.

Incidentally, I received an email from Judith McGeary of http://www.farmandranchfreedom.org/ who said that another bill (which may be written even more favorably for beekeepers) should be introduced in the next day or so. They said it was sponsored by the Texas Beekeeper's Association. http://traviscountybeekeepers.org/wp-content/uploads/2014/03/Exemption.pdf Key points to this exemption are that there appear to be no fees or permits associated with selling your own honey. The wording on the labels is better than in HB 2600 (you would say "bottled or packaged in a facility not inspected..." rather than "processed in a home processing facility..") Negatives are that you cannot enlist the help of a non-family member to sell, nor can you sell honey obtained by any other means than harvesting from your own hives. You are limited to 2500 pounds of honey per year. I have my eye out for this bill and will update this post when I find anything new.

A lot of people on other forums discussing HB2600 are under the impression that honey sale was always allowed and that cottage food law also included it and believe it still does. They think this new legislation has been created by big ag and commercial honey packers to add restrictions rather than clarify the misinterpretations that are in place currently. I do believe that if you read the cottage food law (which i don't think was on the law books until 2011), that even though honey is not named in the list of permitted foods, it was never excluded. Unfortunately, if they were to check DSHS or TAIS websites, they would see that the law is not being interpreted to allow honey sales on any level without the food manufacturer permit and honey house.


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## SowthEfrikan

ikswokjag said:


> I received an email from Judith McGeary of http://www.farmandranchfreedom.org/ who said that another bill (which may be written even more favorably for beekeepers) should be introduced in the next day or so. They said it was sponsored by the Texas Beekeeper's Association. http://traviscountybeekeepers.org/wp-content/uploads/2014/03/Exemption.pdf .


Yes, initially I sent that doc to Bob Hall's office before hearing about the HB. Legally, it's not sound. I'm not sure if there were revisions to what is in that PDF but I would be surprised and delighted if it actually passed, or is in serious consideration. 

Thanks for keeping us posted. This is near and dear to my heart, let me know if there is anything concrete I can do in support of getting rid of ridiculous laws. The wunnerful thing about home is that everyone ignores law. The bad thing about home is that everyone ignores law.


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## ikswokjag

HB3764 and SB1766 have been introduced! These appear to be identical bills of the aforementioned exemption (not HB2600 which puts honey into the cottage food law). Texans get to work and call your senators and representatives. These should be good for hobby beekeepers.


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## SowthEfrikan

ikswokjag said:


> HB3764 and SB1766 have been introduced! These appear to be identical bills of the aforementioned exemption (not HB2600 which puts honey into the cottage food law). Texans get to work and call your senators and representatives. These should be good for hobby beekeepers.


I just looked at my representative's Facebook page to find out that Hall is having a Town Hall at a nearby dorp at 2pm today. I am finding these bills, printing them out, and pitching to him in person.


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## ikswokjag

SowthEfrikan said:


> I just looked at my representative's Facebook page to find out that Hall is having a Town Hall at a nearby dorp at 2pm today. I am finding these bills, printing them out, and pitching to him in person.


The bills are located here: 
http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB3764
Click text to find printable version. Click companion to see the sb1766 version.


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## SowthEfrikan

Well, that was interesting. I got to meet the aide I have been speaking with - he approached me and wanted to know if he could help me instead of the Senator. I told him who I was, and that I was the beekeeper, and he was totally and absolutely blank. 
Anyway, I got to speak very briefly to the Bob Hall as he was running late and gave him the folder with the bills. He glanced at them, looked at me, and said that they will not need any work from him as they are already there (which was not what I heard from the aide). I begged him for his support and asked him to whack the "yes" button when it was time. I also told him the number of views that there have been on this thread/forum, and that there was a lot of interest in this from Texas beekeepers. 
At the end of the day, who knows? His talk was about border security, shennanigans at the University of Texas, open carry law etc. He seemed to be big on issues of freedom and personal liberty. 
In determing how laws come to pass they ask a series of questions: is this constitutional for Texas; is it a core function of government; does it increase libery, freedoms, and free enterprise; is this a proper thing for a moral and just people?
We can only pray and keep contacting him and others. Oh yes. Someone in his office took a picture of me chatting to him and waving said Texas honey house laws folder around. I would be interested to see if that pops up anywhere. I would be even more interested to see how he votes. It will determine my future vote for him, too.


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## ikswokjag

SowthEfrikan said:


> Anyway, I got to speak very briefly to the Bob Hall as he was running late and gave him the folder with the bills. He glanced at them, looked at me, and said that they will not need any work from him as they are already there (which was not what I heard from the aide). I begged him for his support and asked him to whack the "yes" button when it was time.
> We can only pray and keep contacting him and others. Oh yes. Someone in his office took a picture of me chatting to him and waving said Texas honey house laws folder around. I would be interested to see if that pops up anywhere. I would be even more interested to see how he votes. It will determine my future vote for him, too.


You'd be interested to know that SB1766 had been assigned to the Agriculture, water, and rural affairs committee today. Sen. Bob Hall sits on that committee! The entire committee is as follows:
Senate Committee on Agriculture, Water & Rural Affairs 
Chair: Sen. Charles Perry, Vice Chair: Sen. Judith Zaffirini Members: Sen. Brandon Creighton, Sen. Bob Hall, Sen. Juan Hinojosa, Sen. Lois W. Kolkhorst, Sen. José R. Rodríguez

House bill 3764 was also referred to committee. The representatives on the House Committee on Agriculture & Livestock are:
Chair: Rep. Tracy O. King, Vice Chair: Rep. Charles "Doc" Anderson Members: Rep. John Cyrier, Rep. Mary E. González, Rep. Matt Rinaldi, Rep. David Simpson, Rep. Drew Springer


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## SowthEfrikan

ikswokjag said:


> You'd be interested to know that SB1766 had been assigned to the Agriculture, water, and rural affairs committee today. Sen. Bob Hall sits on that committee! The entire committee is as follows:
> Senate Committee on Agriculture, Water & Rural Affairs
> Chair: Sen. Charles Perry, Vice Chair: Sen. Judith Zaffirini Members: Sen. Brandon Creighton, Sen. Bob Hall, Sen. Juan Hinojosa, Sen. Lois W. Kolkhorst, Sen. José R. Rodríguez
> 
> House bill 3764 was also referred to committee. The representatives on the House Committee on Agriculture & Livestock are:
> Chair: Rep. Tracy O. King, Vice Chair: Rep. Charles "Doc" Anderson Members: Rep. John Cyrier, Rep. Mary E. González, Rep. Matt Rinaldi, Rep. David Simpson, Rep. Drew Springer


Hehehe I guess it's time for the bee lady to make another call. Thanks for the update, you really are on top of this. Where are all the other Texan beekeepers, though? Hope y'all are also fighting for this.


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## ikswokjag

SB 1766 is scheduled for public hearing at the legislature for 4/13/15. It'll be interesting how this develops.


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## mythomane

Here is the text:

http://www.legis.state.tx.us/tlodocs/84R/billtext/html/SB01766I.htm

The way I read it we cannot sell honey at retail locations (our house is ok), only direct to consumer. This keeps us off the shelves and out of competition. It gets the Health Department off our backs, but ties our hands in the sales arena. So much for "free enterprise." Not exactly thrilled with this, but it could be worse...unless I am misunderstanding this.


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## ikswokjag

Currently, we can't get our honey into a whole foods or other stores unless we meet the requirements of the food manufacturers licensing (which requires the commercial kitchen setup and inspections). This exemption wouldnt change those requirements or make it any more difficult than it already is. It just gives some hobbyists an avenue to be able to sell their honey. Based on the way the current law has been interpreted in recent years, an exemption such as this is necessary to ease the requirements for hobbyists. I agree, it's not perfect, but it's something. Others may disagree, but I'm of the opinion that this allows us to grow into a commercial level without being burdened initially with the honey house inspections and licenses. If getting to the larger scale production is a goal, the larger extracting and bottling facilities and inspections would be a natural step anyway.


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## mythomane

I am not against it per se, but it does solidify that we cannot sell on store shelves -- which was never an issue before. Whole Foods is a different matter -- they require mountains of paperwork for their corporate office.


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## SowthEfrikan

I received this today from Dillon Caylor who works with Senator Bob Hall:

I have some good news for you. We discovered a bill that accomplishes exempting small honey producers from the current code. It is SB 1766, and it is scheduled for public hearing on Monday in the committee on Agriculture, Water, and Rural Affairs. It has a companion bill in the House, HB 3764 by Rep. Metcalf. I am very excited about this bill, and I know you will be too. 

It sounds as if we have his vote


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## SowthEfrikan

Scheduled for public hearing 4/15/2015.


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## ikswokjag

SB 1766 passed the committee with a favorable vote, 7 yes, 0 no, 0 absent. I think the Senate vote is next, so if you favor the bill, make sure to let your senator know.


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## SowthEfrikan

The bill was heard on the Senate floor and was passed unanimously. It's headed to the house.


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## ikswokjag

HB 3764 which is the identical companion bill was reported favorably by it's committee. Looks like this exemption is on it's way to becoming law. I'm pleased to hear that. 

Mythomane, I haven't heard much on HB 2600 which is the cottage food law bill that had included phrasing for selling honey that was bottled in the home. HB2600 could be the solution for those that were worried about these other 2 bills being too restrictive for their liking. It doesn't restrict the seller of honey to be the actual beekeeper or immediate family. Presumably, you could bottle other honey purchased at wholesale. It also appears that you could sell your honey anywhere in the state, meaning it could be sold through someone else's store. When I contacted Judith McGeary of Farm and Ranch Freedom Alliance, she said that the HB 2600 and HB 3764 could each stand alone and offer the specific benefits of each bill. Incidentally, this was written in the SB 1766 Bill analysis: "Why not add honey to the list of Cottage Foods under Cottage Food Laws?
Honey is not baked, canned, dehydrated, coated or processed in any way. It is a raw agricultural commodity. Chapter 131 of the Texas Agriculture Code (Bees and Honey) contains some very strong and very important protections for the identity of honey in Texas, which also serve to protect the consumer. DSHS is given the authority to enforce these provisions. If honey is designated a cottage food, DSHS loses this enforcement power. It is important to all honey producers, large and small, for DSHS to maintain this enforcement authority." The entire bill analysis can be found here: http://www.legis.state.tx.us/tlodocs/84R/analysis/pdf/SB01766I.pdf#navpanes=0


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## mythomane

My main problem with the bill is that it restricts us from selling in small local stores. If they want to state that I can only bottle and sell my own honey (which I of course do) I am 100% behind that. The problem is that I cannot sell it for resale or on consignment. I wouldn't have a issue if they put limits on how much I could sell in total -- say 2500 lbs. a year or something, as a small producer. That seems fair enough. But to just prohibit us completely? You can sell ZERO in stores! It keeps us off the shelves (translation= out of competition with SueBee). I do not want to be at Whole Foods or HEB. Just small local shops. Maybe 10 jars on the shelf. As far as "protecting the consumer" that is hogwash. There is more garbage and adulterated honey being imported in one day than would go up on the shelves from small organic producers like me in Texas over the course of a year. I have no problem identifying what honey is, and that fake honey should stay out of consumers hands, but I do not see the DSHS enforcing any high level of quality here. It is just give away to Big Ag, who frankly put out a sub-standard and often imported product. That said, I am glad the exemption is passing even though it seems to exempt me from selling my product through certain avenues. It is absurd and disheartening after 150+ years of beekeeping in Texas that a pencil pusher somewhere decided to "re-interpret" the way honey is sold here -- through word of mouth and after 20+ years I was informed that I was suddenly a criminal. The new bill takes me off the "most wanted beekeeper" list I guess, but the fact that I cannot sell on store shelves is still unfair and without any merit and is now actually put into writing. Two steps forward one step back.


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## AndrewoftheEast

Really interesting thread. 
I'm not in Texas and I don't sell honey. I would definitely be willing to sell wholesome products in small stores in my neighborhood, owned and run by my reasonable friends and neighbors, basically. I'm really glad to hear your elected officials are VERY responsive to you, glad but not surprised. As to the Texas Honey Police, as you say, they can't get the phones answered so I wouldn't worry that they're making arrests at the farmers' market or local health food joint. It's maybe a guy who used to (or still does) keep bees, maybe not the whole Monsanto Gestapo. AND, if I didn't care for the phrasing mandated for my label, I am subversive enough to come up with my own positive phrasing... "Meticulously and lovingly bottled by hand in small batches to the highest standard..." Etc. But you of course should maybe obey all laws, clear or otherwise, that apply to you, no matter what your Texas heritage is.

Mostly I think they want you washing your hands after the bathroom in a sink seperate from where you wash the honey stuff...


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## SowthEfrikan

SB1766 has been sent to the Local and Consent calendar. Apparently there is only a week or so left in which to get it through to law, but they expect it to make it in time. Keep your fingers crossed. The Bill Status Hotline for Texas is 877-824-7038.


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## mythomane

:thumbsup:


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## SowthEfrikan

SB1766 - Local, Consent, and Resolutions Calendar
Tuesday, May 19, 2015
9:00 AM

This time tomorrow it should be on it's way to the Governor's Office for signature into law.


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## bucksbees

I been keeping my eye on this thread as a lurker, ty for keeping it updated.


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## ikswokjag

SB1766 passed the house unanimously today.


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## SowthEfrikan

:thumbsup: Awesome. I was stressing about how short a time things have to pass through all the stages before they get bumped to the next year. Greg Abbott, sign on that there dotted line! :gh:

Just sent off a flurry of "Thank You" notes. Please remember to thank your representatives, too.


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## bucksbees

The way I read it, and please correct me if I am wrong, that we will be able to filter and bottle honey in the kitchen, as long as the label says that, and limited to selling or production of 2500lbs.

Who will check to see if different producers produce or sell more than 2500lbs? I dont see any teeth in this?


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## SowthEfrikan

I'm not sure why that is a problem? This is for we small honey producers who sell our few extra jars and by the time anyone gets to that volume its really time to be thinking about a commercial kitchen, anyway. At that time someone probably wants to be able to sell in stores etc, not at farmer's markets or honor stands.

Anyway, this whole thing is completely stupid, we should never have needed SB1766 in the first place. Honey was sold freely for many years until some dimwit took it upon themselves to squeeze small producers from the Texas market under the guise of protecting consumer health.


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## bucksbees

Sorry if I was saying it was a problem, just makeing note of it.

I was under the impression till I found bee source and this thread in fact that it was the same way it all ways has been.


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## mythomane

bucksbees said:


> The way I read it, and please correct me if I am wrong, that we will be able to filter and bottle honey in the kitchen, as long as the label says that, and limited to selling or production of 2500lbs.
> 
> Who will check to see if different producers produce or sell more than 2500lbs? I dont see any teeth in this?


Selling 2500 lbs at farmers markets/hand to hand can be pretty hard to do. That is where the "teeth" comes from. Its an arbitrary number mostly. If you are cranking out a few tons of honey then you maybe need to get more serious anyway. I am glad it passed, even with my reservations about closing off our selling options. Maybe the new cottage food law will exempt us later...they are going to keep the little guys down, but the backlash will come from from the guys that just decide to step up and go full commercial with more hives and a full set-up. There will be more honey then, and more competition for the shelves, driving prices down. Also, the local keepers are going to get priority, especially as there is going to be a vacuum to fill with the small guys crushed underfoot. For now I am scanning the shelves and watching who sinks or swims. What an unnecessary mess. So much for the "Texas Miracle." Ha.


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## bucksbees

A friend of mine is a shelf stocker/disturber for a few food companies. One of them is for honey that comes out of Louisiana. He stocks stores around the East Texas area. He covers a really good area. For a month I asked him to track his honey sales to the store and to the pound. His average came out to roughly 10 stores to 40lbs of honey a month or 4800lbs a year.

I hope that helps anyone thinking things over.


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## Weaverlorelei

I too, the C. TXBeekeping schools class on the new law. Very informative. What we were told by the state reps for DHS was that if the roll call cot passed the amendment by more than 67%, the law virtually came into effect immediately. If itassed by less than that it would still come into effect, on Sept. 1.
The bill passed unanimously and should be effective as of today, by the words of the dept. in charge of commissioning those sterile honey houses


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## ikswokjag

HB 2600, which is the bill trying to get honey into a sub-category of the cottage food laws under "home food processor", appears to by hung up in the house. Still has not come back from the first public health commission report. Probably because it contains so many other foods such as fermented vegetables, so the health aspect is being considered even further. If that bill were to pass with the honey portion, then selling in stores and online would be allowed and a 2500 pound cap would not apply. The $50,000 income cap that applies to cottage food operations does not appear to apply to home food processors either. 
I noticed that HB 2600 ends with a clause "This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015." SB 1766 only stated "This Act takes effect September 1, 2015." I hope it is effective immediately, but I'm not so sure since an earlier date (i.e., immediately) was not specified during the vote.
This is what Section 29, Article III, Texas Constitution actually says "Sec. 39. TIME OF TAKING EFFECT OF LAWS; EMERGENCIES; ENTRY ON JOURNAL. No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals."


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## ikswokjag

SB 1766 sent to the governor today. :thumbsup:


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## Chsmurphy

Signed by the Governor on 5/29/2015


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## SowthEfrikan

Chsmurphy said:


> Signed by the Governor on 5/29/2015


Yay, yes, the bill becomes law effective on September 1, 2015. *Happy Dance* 
Open carry passed in Texas, too. Sweet.


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## mythomane

Louisiana just passed their cottage food law : http://www.legis.la.gov/legis/ViewDocument.aspx?d=879591

Anyone have any idea when the Texas bill will be going up? 2017? Or is it just dead in the water?


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## swatkins

So just to make sure I understand this law.... We are still not permitted to sell in stores?


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## ChuckReburn

swatkins said:


> So just to make sure I understand this law.... We are still not permitted to sell in stores?


Correct. Nor are you allowed to have anyone other than "immediate family" sell your honey at a farmers market.


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## sweatybetty

after reading this thread, one thing came to mind. please remember, no matter what the issue is and who it is or isnt important to, elections have consequences. remember that next time you do or do not vote.


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## nater37

Today, I was confronted by our city health inspector at the farmers market. Apparently another vendor called him out to check out our booth. He asked if we are selling honey and luckily we had already sold out. So we just asked what he doing. He said it was brought to his attention that we were selling honey without labels and asked if we had a "food manufactures license". I was under the impression until reading on this thread just now if it was raw I was OK. People are able to make jelly in there kitchen and ground flour under cottage law but not sale raw honey at the farmers market?


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## Chsmurphy

You DO NOT need a "food manufacturers license" after September 1st, if you only employ family and sell less than 2,500 pounds of honey (i think that was the number). You DO need labels. Your name, address, net weight, etc. SB 1766 was the bill. Signed by the Governor 5/29/2015 and went into effect on 01 September 2015, which is why the inspector might not know about it. You can look it up and check all of the labeling requirements.


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## nater37

thank you sir


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## Chsmurphy

One member of my beekeeping club did a whole program on the requirements. I will get them from her at October's meeting and send them to you, if that is not too long for you to wait.


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## Rader Sidetrack

If you want to read the text of Texas SB 1776 mentioned above, here is the link ...
https://legiscan.com/TX/text/SB1766/2015


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## SowthEfrikan

Raw is fine - but it must be properly labeled as others have indicated also - be sure to mention not to be fed to infants younger than a year.


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## Jpoindexter

Wow...this post really took on a life of its own. I'd really forgotten that I had even asked the question. 5 years and 86 posts later... that was kinda fun.


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## blain1976

But wait....there's more.
The post goes on another 7 years later....
I can't remember if it was 2020 or 2021, but It is now legal in Texas to sell an unlimited amount of Honey in Texas without a food manufacturer's license.
It falls under a "Farm Activity"
You can't process the Honey in any way (add flavoring, whip the honey, etc.), but it's another step in the right direction.
The sad thing is, Everyone is horrible about updating the new laws so that when people look them up, they can actually find what's current.
I haven't checked in the last several months, but the last I checked, even the Texas Beekeeper's Association still had the old laws up.
<sigh>


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