Little Elm, TX Home Business: Cottage Food Operations (2026)
Key Facts
- State Law
- TX HSC Ch. 437
- Annual Sales Cap
- $50,000
- Local Permit
- Not required (TX LGC 250.008)
- Sales Method
- Direct to consumer only
- Labeling
- Name, address, date, home kitchen disclaimer
Summary
TX HSC Ch. 437 allows home kitchen food sales up to $50,000/year without permits. TX LGC 250.008 bars cities from banning cottage food. Direct-to-consumer sales only with required labeling.
Sec. 437.0192. 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). (b) Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation.
Full Breakdown
Texas Health and Safety Code Chapter 437 (Texas Cottage Food Law, amended by HB 1926 effective September 2019) permits individuals to produce and sell certain non-potentially-hazardous foods from their home kitchen without a food handler permit, food establishment license, or health department inspection. Annual gross sales cannot exceed $50,000. Foods must be sold directly to consumers at the point of production, farmers markets, farm stands, or through the internet with delivery by the producer. No wholesale, restaurant, or retail store sales. Permitted foods include baked goods, candy, coated and uncoated nuts, unroasted nut butters, fruit butters, canned jams and jellies, dried fruits and vegetables, popcorn, cereal, granola, dry mixes, vinegar, pickled fruits and vegetables, mustard, roasted coffee, dried pasta, and fermented vegetables.
Each package must bear a label with the producer's name and address, the production date, and the statement: This food is made in a home kitchen and is not inspected by the Department of State Health Services. 008 explicitly prohibits municipalities from banning cottage food production in residential zones. Little Elm cannot require a local cottage food permit or restrict these operations beyond state law.
Violations & Fines
No local penalties for compliant cottage food operations. State enforcement by DSHS for exceeding $50,000 sales cap, selling prohibited items, or failing to label properly. Operating without proper labeling: DSHS may issue cease-and-desist.
Frequently Asked Questions
Do I need a permit to sell baked goods from home in Little Elm?
Can I sell cottage food at the Little Elm farmers market?
Can I sell through DoorDash or Uber Eats?
Sources & Official References
Other rules in Little Elm
Texas rules heatmap·Compare Little Elm to another location·View the Texas home business overview
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Cottage Food Operations in Nearby Cities
How other cities in Denton County handle cottage food operations.