Texas cottage food law lets you sell many homemade foods with no permit if gross income stays at $50,000 or less. Health & Safety Code 437.0191 says a cottage food operation is not a food service establishment, so no health-permit is required.
Texas gives cottage food producers broad statewide rights that no county can override. Under Health & Safety Code 437.0191, 'A cottage food production operation is not a food service establishment for purposes of this chapter,' so it is not subject to health-department permitting or routine inspection. A cottage food producer must have annual gross income of $50,000 or less from these sales and may make non-time/temperature-controlled foods such as baked goods, candy, canned jams and jellies, dried herbs, roasted coffee, pickled and fermented products, and more. Galveston's development code lists cottage food production as permitted in every zoning district under state law. Proper labeling and, for some foods, a food-handler course are required.
Selling prohibited (potentially hazardous) foods, exceeding the income cap, or mislabeling can trigger state enforcement and loss of cottage-food status; local health districts handle complaints.
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See how Galveston County's cottage food operations rules stack up against other locations.
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