Cottage Food Operations: Bellaire vs Tomball

Do I need a Bellaire permit to sell homemade food?

No. Texas Cottage Food Law preempts local regulation. You do not need a city food establishment permit to sell eligible homemade foods directly to consumers, though home-business zoning rules still apply.

What foods can I sell under the cottage food law?

Eligible products include baked goods, candies, jams, jellies, dried herbs, dry mixes, popcorn, nuts, granola, pickled fruits and vegetables, and fermented vegetables. Products must not require refrigeration for safety.

Can I sell cottage food online in Texas?

Yes. HB 1926 (2019) authorized online sales and delivery of cottage food products within Texas. You must still comply with labeling requirements and the $75,000 annual sales cap.

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.