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Cottage Food Operations: Deer Park vs Tomball

How do cottage food operations rules compare between Deer Park, TX and Tomball, TX?

Deer Park and Tomball have similar restriction levels.

Deer Park, TX

Harris County

Few Restrictions

Cottage food operations are governed by Texas state law (Texas Health and Safety Code Chapter 437) rather than local Deer Park ordinances. Texas allows residents to produce and sell certain non-potentially hazardous foods from their home kitchen without a food establishment permit. Annual sales are capped at $75,000. Deer Park's home occupation zoning rules still apply to the business activity.

View full Deer Park rules β†’

Tomball, TX

Harris County

Few Restrictions

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 β†’

Key Facts Comparison

FactDeer ParkTomball
Permit RequiredNo food permit for qualifying foods-
Annual Sales Cap$75,000-
LabelingName, address, ingredients, allergens requiredName, address, ingredients, disclaimer required
Sales ChannelsHome, farmers markets, online (TX only)-
State LawHSC Chapter 437, amended HB 1926-
Annual Cap-$75,000 in gross sales
City Permit-Not required under state law
Health Inspection-Not required
Sales Method-Direct to consumer only

Highlighted rows indicate differences between cities.

Deer Park FAQ

Can I sell baked goods from my home in Deer Park?

Yes. Under Texas cottage food law, you can sell baked goods and other non-potentially hazardous foods from your home kitchen without a food permit, up to $75,000 per year in gross sales.

Do I need a Deer Park business license for cottage food?

No food establishment permit is needed, but your home-based cottage food operation must comply with Deer Park's home occupation zoning rules, including limits on traffic and no exterior signage.

What foods can I sell under Texas cottage food law?

Qualifying foods include baked goods, candy, jams and jellies, dried pasta, pickled vegetables, roasted coffee, and trail mixes. Foods requiring refrigeration (cream-filled pastries, meat, dairy) are not allowed without a food manufacturer's license.

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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