TX H&S Code Ch. 437 allows home food production and direct sales of qualifying baked goods, candy, jams, and similar items. No local permit needed. Annual cap $75,000.
TX Health and Safety Code Chapter 437 establishes the statewide cottage food framework. Cottage food operations produce non-potentially-hazardous foods in a home kitchen and sell directly to consumers at the point of production, farmers markets, or through the internet with in-person delivery. Qualifying products include baked goods (bread, cookies, cakes without cream or custard fillings), candy, coated and uncoated nuts, dried fruits, dry herbs and spice blends, cereals, granola, trail mixes, jams, jellies, and fruit butters using approved preservation methods. Cottage food producers are not subject to municipal food establishment permitting, health department inspections, or food handler card requirements under state law. Flower Mound does not impose any additional local cottage food license or inspection. Annual gross revenue is capped at $75,000 per operation. All products must be labeled with the producer's name, address, the statement 'This food is not inspected by the Department of State Health Services,' and a list of ingredients including common allergens. Cottage food may not be sold to restaurants, grocery stores, or other retail establishments for resale. The home kitchen must be located in the producer's primary residence.
Contact your local code enforcement office for specific penalty information.
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