TX H&S Code Ch 437 lets Bexar County residents sell non-hazardous homemade foods up to 50,000 dollars yearly with no permit. Food handler course required; labels must identify the home kitchen source.
The Texas Cottage Food Law codified at Health and Safety Code Chapter 437.0193 preempts local regulation and governs every home kitchen in Bexar County, including those in San Antonio, Alamo Heights, Helotes, and unincorporated areas. Producers may sell directly to consumers from their home, at farmers markets, at farm stands, online, by mail, or through delivery. Sales are capped at 50,000 dollars in gross annual receipts; exceeding that triggers commercial kitchen licensing under the Texas Department of State Health Services. Allowed foods include baked goods, candy, jams, jellies, dried herbs, roasted coffee, popcorn, cereal, granola, dry mixes, nuts, pickled fruits and acidified vegetables meeting pH below 4.6, fermented vegetables, whole frozen fruits, and certain dehydrated items. Prohibited items include meat, fish, poultry, dairy, cut melons, cooked vegetables, and anything requiring refrigeration. Every producer must complete an accredited food handler course, keep the certificate on premises, and label each product with name, address, product name, ingredients in descending order, allergens, net weight, and the statement This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department. Bexar County cannot add licensing requirements but can inspect during a complaint investigation.
Contact your local code enforcement office for specific penalty information.
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See how Bexar County's cottage food operations rules stack up against other locations.
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