TX HSC Chapter 437 allows home-based food sales up to $50,000/year without permits, inspections, or commercial kitchens. Denton County adds no extra rules.
The Texas Cottage Food Law (TX Health and Safety Code Chapter 437) provides a statewide framework that preempts local regulation. Denton County cannot impose additional cottage food requirements beyond state law. Under the current law, home bakers, candy makers, jam producers, and other cottage food operators may sell directly to consumers from their home, at farmers markets, or at farm stands with annual gross sales up to $50,000. Allowed products include baked goods, candies, coated nuts, dried fruits, jams, jellies, fruit butters, popcorn, dry herbs, dry mixes, roasted coffee, fermented vegetables, and frozen fruit. Foods requiring time/temperature control (such as cream-filled pastries, meat products, and fresh cheese) are not allowed. Labeling must include the producer's name and address, the statement 'This food is made in a home kitchen and is not inspected by the Department of State Health Services,' and a list of ingredients including common allergens. No county health permit, food handler certification, or kitchen inspection is required. Online-only sales and shipping are not permitted; sales must be in person. The Denton Community Market and Denton County farmers markets are common venues for cottage food sales.
Exceeding $50,000 annual sales requires a commercial food establishment license. Selling non-allowed foods as cottage food: potential DSHS enforcement action. Selling without proper labeling: DSHS warning letter, potential Class C misdemeanor.
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