Cottage Food Operations: Baytown vs Houston
How do cottage food operations rules compare between Baytown, TX and Houston, TX?
Baytown and Houston have similar restriction levels.
Baytown, TX
Harris County
Texas cottage food law (Health and Safety Code Chapter 437) allows Baytown residents to sell homemade baked goods, candies, jams, dried herbs, and other non-potentially-hazardous foods directly to consumers without a city food permit or health department inspection. Annual sales are capped at $50,000. Sales must be direct to consumers at the home, farmers markets, or through social media and internet orders with in-person delivery.
View full Baytown rules →Houston, TX
Harris County
Texas Cottage Food Law (Health & Safety Code Ch. 437) allows Houston residents to produce and sell certain foods from home without permits, inspections, or licenses. No municipal zoning ordinance can ban cottage food operations. Annual revenue is capped at $50,000 (increasing to $150,000 effective September 1, 2025).
View full Houston rules →Key Facts Comparison
| Fact | Baytown | Houston |
|---|---|---|
| Annual Sales Cap | $50,000 | - |
| City Permit | Not required under state law | - |
| Health Inspection | Not required | - |
| Sales Method | Direct to consumer only | - |
| Labeling | Required with home kitchen disclaimer | - |
| Governing Law | - | Texas Health & Safety Code Ch. 437; SB 541 |
| Permits Required | - | None for cottage food operations |
| Revenue Cap | - | $50,000 (increasing to $150,000 Sept. 1, 2025) |
| Training | - | Food handler safety course required |
| Zoning Protection | - | Cannot ban CFPOs from residential use |
Highlighted rows indicate differences between cities.
Baytown FAQ
Can I sell homemade food from my home in Baytown?
Yes. Texas cottage food law allows the sale of non-potentially-hazardous homemade foods like baked goods, jams, candies, and dried herbs directly to consumers without a city food permit or health inspection. Annual sales are capped at $50,000.
What foods can I NOT sell under Texas cottage food law?
You cannot sell potentially hazardous foods including meat products, dairy products, most fresh-cut fruits, and any food requiring refrigeration for safety. Only shelf-stable, non-potentially-hazardous foods are permitted.
Do I need any license or permit to operate?
No city food establishment permit, food handler's license, or health department inspection is required. You must label products with your name, address, ingredients, allergens, and the required home kitchen disclaimer statement.
Houston FAQ
Do I need a permit to sell food from my Houston home?
No. Texas Cottage Food Law exempts cottage food production operations from permits, inspections, and licenses. You must complete food handler training and label products properly.
Can my Houston HOA stop me from operating a cottage food business?
Texas law prohibits municipal zoning from banning cottage food operations. However, HOA deed restrictions are not zoning ordinances and may impose separate restrictions on home businesses. Consult your deed restrictions.
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