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.
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.
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.
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