Cottage Food Operations: Baytown vs Tomball
How do cottage food operations rules compare between Baytown, TX and Tomball, TX?
Baytown and Tomball 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 →Tomball, TX
Harris County
Texas cottage food law (Texas Health and Safety Code Chapter 437) allows Tomball residents to produce and sell certain homemade foods from their home kitchen without a city permit, health inspection, or food handler's license. Annual sales are capped at $75,000. Sales must be direct to consumers and cannot include potentially hazardous foods requiring refrigeration.
View full Tomball rules →Key Facts Comparison
| Fact | Baytown | Tomball |
|---|---|---|
| Annual Sales Cap | $50,000 | - |
| City Permit | Not required under state law | Not required under state law |
| Health Inspection | Not required | Not required |
| Sales Method | Direct to consumer only | Direct to consumer only |
| Labeling | Required with home kitchen disclaimer | Name, address, ingredients, disclaimer required |
| Annual Cap | - | $75,000 in gross sales |
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.
Tomball FAQ
Do I need a permit to sell homemade food in Tomball?
No. Texas cottage food law preempts local permitting requirements. You may sell allowed homemade food products directly to consumers without a city permit, health inspection, or food handler's license as long as annual sales stay under $75,000.
What foods can I sell under cottage food law?
Baked goods, candy, jams, jellies, dried fruits, roasted coffee, pickled vegetables, jerky, granola, and similar shelf-stable items. Foods requiring refrigeration such as cream-filled pastries or cheesecakes are not allowed.
Can I sell cottage food at farmers markets?
Yes. You may sell directly to consumers at your home, at farmers markets, at fairs, or through the internet with delivery. You cannot sell to retail stores or restaurants.
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