Texas Cottage Food Law (Health and Safety Code Ch. 437) preempts local regulation of home-based food production for non-potentially-hazardous foods. Up to 50,000 dollars annual gross sales allowed. Products must be labeled with producer name, address, ingredients, and the statement that the food is made in a home kitchen not inspected by a health department. No permit or kitchen inspection required.
TX HSC 437.0191 through 437.0196 permits Cottage Food Production Operations (CFPOs) to produce baked goods, candy, dried fruits and vegetables, granola, jams/jellies/preserves, pickles and pickled vegetables (with proper acidity), dry herbs, roasted coffee and dry tea, popcorn, nuts, fermented vegetables (2023 expansion). Meat, poultry, raw milk dairy, seafood, and other PHF items remain prohibited. Sales allowed direct to consumer: home, farmers market, delivery, online with in-person pickup, events. Wholesale to retailers remains prohibited. Mandatory food handler certification (2-hour accredited course, about 8-12 dollars online). Label must include: producers name, address, product name, ingredients, allergens, net weight, and the disclosure statement. Travis County Health Department has no CFPO enforcement authority except for genuine public health emergency.
Producing prohibited (PHF) items: DSHS enforcement, cease-and-desist. Misbranding/unlabeled sales: DSHS warning then penalties. Exceeding 50,000 dollars: must transition to licensed manufactured food operation under TX Food Establishment rules.
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See how Travis County's cottage food operations rules stack up against other locations.
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