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.
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.
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.
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