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Irving, TX Home Business: Cottage Food Operations (2026)

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

Key Facts

Annual Limit
$75,000
Permit Required
No city permit needed
Products
Non-potentially hazardous foods
Sales Method
Direct to consumer only
Authority
TX Health & Safety Code Ch. 437

Summary

Texas Cottage Food Law allows home-based food sales up to $75,000/year without a city food establishment permit. Products limited to non-potentially hazardous foods sold directly to consumers.

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 Health & Safety Code Ch. 437 - Cottage FoodView official code

Full Breakdown

Under the Texas Cottage Food Law (Texas Health and Safety Code Chapter 437), Irving residents may sell certain homemade foods directly to consumers without a city food establishment permit or commercial kitchen. Annual sales may not exceed $75,000 (increased from $50,000 in 2019). Allowed products include baked goods, candy, coated nuts, dried fruits, granola, jams, jellies, and other non-potentially hazardous foods. Products must be labeled with the producer's name, address, and the statement 'This food is made in a home kitchen and is not inspected by the department of state health services.' Sales must be direct to the consumer (in person, at farmers markets, or at community events). Online ordering with local delivery or pickup is permitted. Internet-only sales without local contact are not covered.

Violations & Fines

Exceeding $75,000 annual limit requires commercial licensing. Selling non-approved items may result in health department enforcement.

Frequently Asked Questions

Can I sell homemade food from my Irving home?
Yes, under the Texas Cottage Food Law. You can sell non-potentially hazardous foods directly to consumers up to $75,000/year without a city permit.
What foods can I sell under the cottage food law?
Baked goods, candy, jams, jellies, dried fruits, granola, and other non-potentially hazardous items. Products must be properly labeled.

Sources & Official References

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