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Denton County, TX Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Annual Sales Cap
$50,000
Permit Required
No
Inspection
Not required
Sales Method
In-person only
State Law
TX HSC Ch. 437

Summary

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.

City-specific rules exist: Little Elm, and Denton have their own cottage food operations rules that differ from Denton County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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).

Source: TX HSC Ch. 437 -- Cottage FoodView official code

Full Breakdown

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.

Violations & Fines

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.

Frequently Asked Questions

Do I need a permit to sell baked goods from my home in Denton County?
No. Under Texas Health and Safety Code Chapter 437, you can produce and sell cottage food items from your home without a permit, inspection, or food handler certification, up to $50,000 in annual sales. Direct, in-person sales only.
Can I sell cottage food online?
You can advertise online, but the actual transaction and delivery must be in person. Shipping cottage food products is not allowed under Texas law. Farmers markets and your home doorstep are the primary sales venues.
What foods can I sell as cottage food?
Allowed items include baked goods, candies, jams, jellies, dried herbs, roasted coffee, popcorn, and certain fermented vegetables. Foods requiring refrigeration like cream pies, meat products, and soft cheeses are not allowed.

Sources & Official References

Other rules in Denton County

All Denton County rules

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