Deer Park, TX Home Business: Cottage Food Operations (2026)
Key Facts
- Permit Required
- No food permit for qualifying foods
- Annual Sales Cap
- $75,000
- Labeling
- Name, address, ingredients, allergens required
- Sales Channels
- Home, farmers markets, online (TX only)
- State Law
- HSC Chapter 437, amended HB 1926
Summary
Cottage food operations are governed by Texas state law (Texas Health and Safety Code Chapter 437) rather than local Deer Park ordinances. Texas allows residents to produce and sell certain non-potentially hazardous foods from their home kitchen without a food establishment permit. Annual sales are capped at $75,000. Deer Park's home occupation zoning rules still apply to the business activity.
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). (b) Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation.
Full Breakdown
Texas Health and Safety Code Chapter 437 (the Texas Cottage Food Law, amended by HB 1926 in 2019) allows individuals to produce and sell certain foods from their home kitchen without a food manufacturer's license, restaurant permit, or health department inspection. Qualifying cottage foods include baked goods (breads, cookies, cakes, pastries), candy, coated and uncoated nuts, dried fruits, dry herbs and spice mixes, jams, jellies, and preserves processed through a water bath or atmospheric steam canner, fruit butters, dried pasta, cereals, trail mixes, popcorn and popcorn snacks, vinegar, pickled fruits and vegetables (with proper pH testing), fermented vegetables, and roasted coffee.
Annual gross sales are capped at $75,000. Products must be labeled with the producer's name and address, the product name, ingredients, allergen information, the statement 'This food is made in a home kitchen and is not inspected by the Department of State Health Services,' and net weight or volume. Sales may be made directly to consumers at the producer's home, farmers markets, farm stands, fairs, or online (with delivery within Texas). Deer Park does not impose additional local cottage food regulations, but the home occupation zoning provisions still apply. Cottage food producers should ensure their activity does not generate excessive traffic, create odors detectable beyond the property, or otherwise violate home occupation conditions.
Violations & Fines
Exceeding the $75,000 annual sales cap requires obtaining a food manufacturer's license from the Texas Department of State Health Services. Selling non-qualifying foods (those requiring temperature control such as cream-filled pastries, meats, dairy, or fresh salsa) without proper licensing is a state health code violation. Violating Deer Park's home occupation zoning conditions may result in local fines up to $500 per day.
Frequently Asked Questions
Can I sell baked goods from my home in Deer Park?
Do I need a Deer Park business license for cottage food?
What foods can I sell under Texas cottage food law?
Sources & Official References
Other rules in Deer Park
Texas rules heatmap·Compare Deer Park to another location·View the Texas home business overview
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Cottage Food Operations in Nearby Cities
How other cities in Harris County handle cottage food operations.