Live Oak, TX Home Business: Cottage Food Operations (2026)
Key Facts
- State Law
- TX H&S Code Chapter 437
- Permit Required
- None (only food handler course)
- Annual Sales Cap
- 50,000 dollars per household
- Allowed
- Non-TCS baked goods, candy, jams, pickles, dry mixes
- Not Allowed
- Meat, cream-filled, most canned low-acid foods
Summary
Texas Cottage Food Law (H&S Code Ch. 437) lets Live Oak residents make and sell approved non-hazardous foods from home without a food-service license. Food handler training and labeling rules apply.
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 governs cottage food production statewide and preempts most local restrictions. Under the Cottage Food Law, a Live Oak resident may produce non-time-temperature-controlled for safety (non-TCS) foods in a home kitchen without a food-service establishment license or inspection. Eligible foods include baked goods that do not require refrigeration (cookies, cakes without meat or cream cheese frosting), candies, dried pasta, dry mixes, granola, jams and jellies, pickled fruits and vegetables meeting pH limits, popcorn, roasted coffee, fermented foods, and acidified canned goods meeting approved recipes.
Producers must (1) complete an accredited food handler course, (2) label every product with the producer name, address, product name, ingredients, allergens, net weight, and the statement This food is home-produced and not inspected by a state or local health department, and (3) limit annual gross cottage food sales to 50,000 dollars per household. Direct sales at the home, farmers markets, festivals, and online with in-person delivery are allowed. Wholesale to retailers and restaurants is not allowed.
Violations & Fines
Producing TCS foods like meat pies or cream desserts, or failing to label properly, can trigger state or local health enforcement with injunctions and civil penalties. Exceeding 50,000 dollars in annual sales disqualifies cottage food status.
Frequently Asked Questions
Can I sell homemade cookies from my Live Oak kitchen?
Can I sell my cottage food through a retail store?
Sources & Official References
Other rules in Live Oak
Texas rules heatmap·Compare Live Oak to another location·View the Texas home business overview
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Cottage Food Operations in Nearby Cities
How other cities in Bexar County handle cottage food operations.