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

Texas cottage food law under Health and Safety Code Chapter 437 permits the sale of certain homemade food products from a residential kitchen without requiring a city food establishment permit, a food handler's license, or health department inspections. Allowed products include baked goods (bread, cookies, cakes, pastries), candy, coated and uncoated nuts, unroasted nut butters, fruit butters, canned jams and jellies, dried fruits, dried pasta, popcorn and popcorn snacks, cereal, granola, trail mix, dried herbs, vinegar, pickled fruits and vegetables (must follow an approved recipe with proper pH), fermented vegetables, and roasted coffee. Potentially hazardous foods that require time or temperature control, including meat, dairy, and most cut fruit products, are not permitted. Annual gross sales cannot exceed $50,000. Products must be sold directly to consumers and cannot be sold wholesale to stores or restaurants. Sales may occur at the home, at farmers markets, at fairs, through social media or internet orders with in-person delivery, or at farm stands. Products must be labeled with the producer's name and address, the product name, the ingredient list including allergens, the production date, and the statement: 'This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.' Baytown does not impose additional local cottage food restrictions beyond state law. A home occupation that operates as a cottage food operation must still comply with the city's zoning requirements for home businesses including traffic and signage restrictions.