Austin, TX Home Business: Cottage Food Operations (2026)
Key Facts
- $
- $50,000 annual gross cap
- No Local
- No local permit (state preempted)
- Specific Disclaimer
- Specific disclaimer required on labels
- Food Handler Cert
- Food handler cert required
- Direct Sales Plus
- Direct sales plus online statewide
Summary
Austin allows cottage food production under Texas Health & Safety Code Chapter 437.001: no local permit, up to $50,000/year gross, direct and online sales of non-hazardous foods. Labeling requires producer name, address, ingredients, allergens, and the statement 'Made in a home kitchen and not inspected by the Department of State Health Services'.
Sec. 437.001(2-b). "Cottage food production operation" means an individual, operating out of the individual's home, or a nonprofit organization that: (A) produces at the individual's home... any food other than: (i) meat, meat products, poultry, or poultry products; (ii) seafood... (iii) ice or ice products... (iv) low-acid canned goods; (v) products containing cannabidiol or tetrahydrocannabinol; or (vi) raw milk and raw milk products; (B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A)... (C) sells the foods produced under Paragraph (A) directly to consumers or to a cottage food vendor.
Full Breakdown
Texas cottage food law (Texas Health & Safety Code §437.001-.028) preempts local inspection and permitting for qualifying home-based food producers. Austin cannot require a health permit for cottage food. Allowed products: baked goods, jams/jellies, pickles and fermented vegetables with pH testing, dry goods (granola, coffee, tea, spices), popcorn, nuts, candy, and frozen fruit. Prohibited: anything requiring time/temperature control for safety (raw meat, dairy, cut melons, cream pies, hummus), plus cottage pet food and cannabis edibles. Sales channels: direct-to-consumer at home, farmers markets, festivals, events, and online/mail order delivered within Texas. Gross sales cap is $50,000/year. Producer must complete an accredited food handler certification ($8–$15 online). Labels must include producer name, physical address, ingredient list in descending order, allergen declaration, net weight, and the required home-kitchen disclaimer. Austin Code Chapter 10-3 allows cottage food activity within Home Occupation limits, no customer traffic beyond the general 5/day rule. Sales tax is required through the Texas Comptroller.
Violations & Fines
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Austin code enforcement directly for current fines, enforcement procedures, and hearing options.
Frequently Asked Questions
Can I sell cheesecake?
Do I need an Austin permit?
Sources & Official References
Other rules in Austin
Texas rules heatmap·Compare Austin to another location·View the Texas home business overview
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