Texas Cottage Food Law (Health and Safety Code Chapter 437) allows Bellaire residents to sell certain homemade foods directly to consumers without a food establishment permit or city inspection. Annual sales are capped at $75,000. Products must be non-potentially hazardous foods prepared in the producer's home kitchen and sold directly to consumers within Texas.
Texas cottage food operations are governed by state law under Health and Safety Code Chapter 437 (Texas Cottage Food Law), which preempts local regulation. Bellaire does not require a separate city permit for cottage food production. Eligible products include baked goods, candies, jams, jellies, dried herbs, dry mixes, popcorn, nuts, granola, vinegar, pickled fruits and vegetables (with proper pH), and fermented vegetables. Products must be non-potentially hazardous, meaning they do not require time or temperature control for safety. Annual gross sales are capped at $75,000 per household. Products must be labeled with the producer's name, address, production date, and the statement 'This food is made in a home kitchen and is not inspected by the Department of State Health Services.' Sales must be direct to consumers—wholesale to stores or restaurants is not permitted. Online sales and delivery within Texas were authorized by HB 1926 (2019). The home kitchen is not subject to city health inspections, but the home-business zoning provisions of Bellaire's zoning ordinance still apply regarding signage, customer traffic, and parking.
Violations of Texas Cottage Food Law are enforced at the state level by the Texas Department of State Health Services, not by the city. Exceeding the $75,000 annual sales cap or selling unapproved products may result in state enforcement action. Home-business zoning violations for excessive traffic or signage are enforced by Bellaire Code Enforcement with fines up to $500.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Bellaire, TX
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Side-by-side rule comparisons with other cities in Harris County.
See how other cities in Harris County handle cottage food operations.
See how Bellaire's cottage food operations rules stack up against other locations.
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