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Arlington, TX Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Governing Law
TX H&S Code §437
Annual Sales Cap
$50,000 gross
Food Handler Course
Required
Labeling
Required by statute
City Permit
Not required beyond home occupation

Summary

Arlington follows the Texas Cottage Food Law under Health and Safety Code Chapter 437, which allows individuals to sell certain non-potentially-hazardous foods made in a home kitchen without a food-establishment license. Annual gross sales are limited, required labeling must be used, and the foods must be sold directly to consumers. A food-handler certificate is required.

Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS BY LOCAL GOVERNMENT AUTHORITIES PROHIBITED; COMPLAINTS. (a) A local government authority, including a local health department, may not: (1) regulate the production of food at a cottage food production operation; or (2) require a cottage food production operation to obtain any type of license or permit or pay any fee to produce or sell directly to a consumer or cottage food vendor, or to provide samples directly to a consumer, a food other than a food described by Sections 437.001(2-b)(A)(i)-(vi). (b) Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation.

Source: Texas Health and Safety Code Chapter 437 - Cottage FoodView official code

Full Breakdown

The Texas Cottage Food Law, codified in Texas Health and Safety Code Chapter 437 and expanded by the Texas Legislature (including HB 970 and HB 1144), allows individuals to operate a cottage food production business from a home kitchen without a commercial food-establishment permit. Permitted foods include baked goods that do not require refrigeration (breads, cookies, cakes without cream or custard fillings), candy, fruit preserves and jams made with approved recipes, dried herbs, popcorn, roasted coffee and tea, pickles meeting pH requirements, and certain fermented vegetables.

Cottage food operators must complete an accredited food handler course and keep the certificate on file. Each package must be labeled with the producer's name, address, the statement that the product was made in a home kitchen and is not inspected by the Department of State Health Services, the product name, ingredients in descending order of predominance, net weight, and any allergen information. Cottage foods may be sold directly to consumers from the home, at farmers markets, festivals, fairs, and events, by phone or online with home delivery, and to retail food establishments for resale.

Shipping by mail to consumers within Texas is also permitted. Annual gross receipts are capped by statute at a level set by the legislature (currently $50,000). Arlington does not require a separate city permit for cottage food operators beyond standard home occupation registration, and the operation must still meet home occupation rules regarding traffic and signage.

Violations & Fines

Selling non-approved foods (meat products, raw dairy, refrigerated items) under the cottage food exemption can trigger enforcement by the Texas Department of State Health Services and Tarrant County Public Health. Failure to label products properly can result in orders to stop sales until compliant labels are used. Exceeding the annual sales cap requires transitioning to a licensed commercial kitchen. Contact Tarrant County Public Health at (817) 321-4700.

Frequently Asked Questions

Can I sell homemade cookies from my Arlington home?
Yes. Baked goods that do not require refrigeration, such as cookies, breads, and most cakes, are permitted cottage foods under Texas Health and Safety Code Chapter 437. You must complete a food-handler course, label each package with the required information, and stay under the annual sales cap.
Do I need a Tarrant County health permit for a cottage food business?
No. The Texas Cottage Food Law exempts qualifying home-based food producers from local health department permits and inspections, as long as they sell only approved non-potentially-hazardous foods directly to consumers and follow the labeling rules.
Can I ship cottage food from my Arlington home to customers?
Yes. Texas law allows cottage food operators to sell by phone or internet and deliver or ship products by mail to consumers within Texas. Shipping across state lines is not covered by the Texas exemption and would require compliance with federal and destination-state rules.

Sources & Official References

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