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

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

Key Facts

Annual Sales Cap
$50,000
City Permit
Not required under state law
Health Inspection
Not required
Sales Method
Direct to consumer only
Labeling
Required with home kitchen disclaimer

Summary

Texas cottage food law (Health and Safety Code Chapter 437) allows Baytown residents to sell homemade baked goods, candies, jams, dried herbs, and other non-potentially-hazardous foods directly to consumers without a city food permit or health department inspection. Annual sales are capped at $50,000. Sales must be direct to consumers at the home, farmers markets, or through social media and internet orders with in-person delivery.

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). [...] (c) A local government authority [...] may not employ or continue to employ a person who knowingly requires a cottage food production operation to obtain a license or permit in violation of Subsection (a)(2).

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

Full Breakdown

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. ' 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.

Violations & Fines

Selling prohibited food items, exceeding the $50,000 annual cap, or failing to label products as required may result in state enforcement action. Baytown Code Enforcement may cite cottage food operators whose business activity violates the home occupation provisions of the zoning ordinance, such as excessive traffic or signage.

Frequently Asked Questions

Can I sell homemade food from my home in Baytown?
Yes. Texas cottage food law allows the sale of non-potentially-hazardous homemade foods like baked goods, jams, candies, and dried herbs directly to consumers without a city food permit or health inspection. Annual sales are capped at $50,000.
What foods can I NOT sell under Texas cottage food law?
You cannot sell potentially hazardous foods including meat products, dairy products, most fresh-cut fruits, and any food requiring refrigeration for safety. Only shelf-stable, non-potentially-hazardous foods are permitted.
Do I need any license or permit to operate?
No city food establishment permit, food handler's license, or health department inspection is required. You must label products with your name, address, ingredients, allergens, and the required home kitchen disclaimer statement.

Sources & Official References

Other rules in Baytown

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