Texas Health and Safety Code Ch. 437 (Texas Cottage Food Law) allows home-based production and sale of certain non-potentially-hazardous foods without a food establishment permit. Annual sales capped at $75,000. Lewisville cannot prohibit cottage food operations that comply with state law.
Texas Health and Safety Code Chapter 437 (Cottage Food Production Operations) permits individuals to produce and sell certain foods from their home kitchen without a city or county food establishment permit, health inspection, or commercial kitchen. Allowed products include baked goods (bread, cookies, cakes, pastries), candy, coated and uncoated nuts, dried fruits, dry herbs, seasonings, dried pasta, cereals, trail mix, granola, popcorn, vinegar, pickled fruits and vegetables, mustard, roasted coffee, dried-meat jerky, and fermented vegetables including kimchi and sauerkraut. Annual gross sales must not exceed $75,000. Products must be sold directly to consumers at the production home, farmers markets, farm stands, or through online platforms. Sales to retail stores, restaurants, or wholesalers are not permitted. Labels must include the producer name and address, product name, ingredients, 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. Lewisville cannot require a local food handler permit or additional licensing for qualifying cottage food operations. Home occupation zoning rules still apply; cottage food producers must ensure customer traffic does not exceed normal residential levels.
No city permit or inspection required for compliant operations. Exceeding $75,000 annual sales or selling prohibited items may result in DSHS enforcement. Home occupation zoning violations: fine up to $500.
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