Texas Cottage Food Law (Texas Health and Safety Code Chapter 437) allows La Porte residents to sell certain homemade food products directly to consumers from their homes without a food handler's permit, commercial kitchen, or city food establishment license. Annual gross sales are capped at $75,000. The city does not impose additional local cottage food restrictions beyond state law.
Under Texas Health and Safety Code Chapter 437 (the Texas Cottage Food Law, updated by SB 572 in 2019 and HB 1926 in 2021), La Porte residents may produce and sell specified non-potentially-hazardous foods from their home kitchen. Allowed products include baked goods (bread, cookies, cakes, pastries), candy, coated and uncoated nuts, dried fruits, unroasted nut butters, fruit butters, canned jams and jellies, fruit pies, dehydrated fruits and vegetables, popcorn, cereal, granola, dry mixes, vinegar, pickled fruits and vegetables, fermented vegetables, roasted coffee, dried pasta, and honey. Cottage food producers may sell at their home, farmers markets, farm stands, and through the internet for direct delivery within Texas. Sales to retail stores and restaurants are prohibited. All products must be packaged and labeled with the producer's name and address, the product name, ingredients list including allergens, the date of production, and the statement: 'This food is made in a home kitchen and is not inspected by the Department of State Health Services.' Annual gross revenue must not exceed $75,000. The city's home occupation permit requirements still apply if operating from a residential property; however, the cottage food operation does not require a separate food establishment permit from the city or Harris County Public Health.
Exceeding the $75,000 annual sales cap subjects the operation to regulation as a commercial food establishment. Selling prohibited food items (meat, dairy requiring refrigeration, foods requiring time/temperature control) may result in enforcement by the Texas Department of State Health Services. Failure to properly label products can result in a cease and desist order. Operating without a home occupation permit from the city may result in local code enforcement fines.
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Side-by-side rule comparisons with other cities in Harris County.
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