Carrollton, TX Home Business: Cottage Food Operations (2026)
Key Facts
- Local permit required
- None; state law bars it
- Annual income cap
- $150,000 (CPI-adjusted)
- Required label disclosure
- "Produced in a private residence" statement
- Training requirement
- Accredited basic food safety course
- Excluded foods
- Meat, seafood, ice products, raw milk
- Effective date of latest amendment
- September 1, 2025 (S.B. 541)
Summary
Texas law, not Carrollton ordinance, governs home-based cottage food sales, and it bars the city from regulating or permitting them. A cottage food producer working from a home kitchen can sell directly to consumers without a city license, so long as gross income from the business stays at or under $150,000 a year.
Sec. 437.0191. EXEMPTION FOR COTTAGE FOOD PRODUCTION OPERATIONS. (a) A cottage food production operation is not a food service establishment for purposes of this chapter. (b) The exemption provided by Subsection (a) does not affect the application of Sections 431.045, 431.0495, and 431.247 authorizing the department or other local health authority to act to prevent an immediate and serious threat to human life or health. 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).
Full Breakdown
0192 goes further: no local government authority, including a local health department, may regulate the production of food at a cottage food operation, or require it to obtain any license, permit or fee to sell directly to a consumer or a cottage food vendor. 0192(c). 86(I)(5), telling farmers market vendors operating as cottage food producers to follow the state statute rather than city food rules. The exemption is not unlimited: a cottage food operation must be run by an individual out of that individual's home (or a nonprofit director's home), gross $150,000 or less annually from food sales after CPI adjustment, and deliver food to the buyer at the point of sale.
Certain foods are carved out entirely, including meat, seafood, ice products, low-acid canned goods, and raw milk. 0193 requires every food sold to carry a label with the operation's name and address (or a DSHS-issued ID number in place of the address) and the disclosure that the product was made in a private residence not subject to government licensing or inspection. 0195 requires the individual producing the food to complete an accredited basic food safety training course, or be directly supervised by someone who has, or be a household member.
Violations & Fines
A city or county cannot cite, fine or require a permit from a cottage food operation for its production activity; § 437.0192(a) makes that regulation itself unlawful for the local authority to attempt. The state remedy runs the other way: TDSHS and local health departments keep a record of consumer complaints and may act under §§ 431.045, 431.0495 and 431.247 to stop an operation that poses an immediate, serious threat to life or health, and mislabeled or untrained sellers risk state enforcement under §§ 437.0193 and 437.0195 rather than a city citation.
Frequently Asked Questions
Can Carrollton require a home bakery to get a city food permit?
Is there an income limit on cottage food sales in Texas?
What must a cottage food label say?
Sources & Official References
Other rules in Carrollton
Texas rules heatmap·Compare Carrollton to another location·View the Texas home business overview
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Cottage Food Operations in Nearby Cities
How other cities in Dallas County handle cottage food operations.