Cottage food in Leander is governed by Texas Health & Safety Code Chapter 437, not a separate city ordinance. The City and Williamson County health authorities cannot require a license, permit or fee to produce cottage foods sold directly to consumers; operators must follow state labeling and food-handler training rules.
The City of Leander does not have its own cottage food ordinance; cottage food operations are controlled by the State of Texas under the Texas Cottage Food Law (Texas Health and Safety Code Chapter 437). Under state law, a cottage food production operation is an individual who produces certain non-time/temperature-control-for-safety foods (such as baked goods, candies, jams and jellies, and other allowed items) at the individual's home. Local governments, including the City of Leander and the Williamson County and Cities Health District, may not require a cottage food production operation to obtain a license or permit or pay a fee to sell food directly to consumers, and may not regulate the production of cottage food. Operators must comply with state requirements: they must successfully complete an accredited basic food safety education or training program for food handlers, and they must label products per Texas Health and Safety Code Section 437.0193, including the operation's name and address (or unique identifier), allergen disclosures, and the statement that the food is not inspected by the department or a local health department. The Texas DSHS notes meat, poultry, seafood, time/temperature-control foods, raw milk and certain other items are excluded. A home-based cottage food business must still comply with the City's home-occupation zoning standards in Article IV, Section 8 (indoor operation, no signage, limited employees and customer traffic). Confirm current allowed foods and income limits with Texas DSHS.
Local enforcement of cottage food production is preempted by state law; the City cannot require a permit. Failing to meet state labeling, food-handler training or allowed-food requirements is enforced under Texas Health and Safety Code Chapter 437. Operating outside the home-occupation zoning standards is a city zoning violation.
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