Robertson County Couple Sues The State Health Department Over The Definition of Pickled Products

AUSTIN, Texas (AP) _ A Texas couple claims in a lawsuit that burdensome state regulations have put them in a pickle because they’re prevented from supplementing their income by selling more of their produce at farmers’ markets.

Jim and Anita McHaney say in their lawsuit filed Thursday against the Texas Department of State Health Services that the so-called cottage foods law only permits them to sell one pickled item: cucumbers.

The law governs the sale of produce, pies and other goods at places like markets and fairs.

The McHaneys say “value-added products” like pickled beets or carrots generate more revenue and are important to help sustain their farm near Hearne, in Robertson County.

A spokesman for State Health Services says the agency “used the most common and generally understood definition of pickles” when formulating rules in 2013.

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