Cottage Food Operations: Houston vs Tomball
How do cottage food operations rules compare between Houston, TX and Tomball, TX?
Houston and Tomball have similar restriction levels.
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 →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 | Houston | Tomball |
|---|---|---|
| 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 | - |
| Annual Cap | - | $75,000 in gross sales |
| City Permit | - | Not required under state law |
| Health Inspection | - | Not required |
| Sales Method | - | Direct to consumer only |
| Labeling | - | Name, address, ingredients, disclaimer required |
Highlighted rows indicate differences between cities.
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.
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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