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'.
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.
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.
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