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.
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. Texas Local Government Code 250.008 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.
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.
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