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McKinney, TX Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

State Law
TX H&S Code 437
Sales Cap
50,000 dollars per year
Training
Food handler course
Label
Home-kitchen disclaimer

Summary

McKinney home-based cottage food operations protected under Texas Cottage Food Law (Health and Safety Code Chapter 437 Subchapter B). Direct sales of non-hazardous foods allowed from home, online, farmers markets. Annual gross sales capped at 50,000 dollars.

Sec. 437.0191. EXEMPTION FOR COTTAGE FOOD PRODUCTION OPERATIONS. (a) A cottage food production operation is not a food service establishment for purposes of this chapter.(b) The exemption provided by Subsection (a) does not affect the application of Sections 431.045, 431.0495, and 431.247 authorizing the department or other local health authority to act to prevent an immediate and serious threat to human life or health.(c) Notwithstanding any other law, a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from department licensing requirements under Chapter 431. Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 6, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch.

Source: Texas DSHS Cottage FoodView official code

Full Breakdown

Permitted products include baked goods, candies, jams, jellies, dried fruit, granola, roasted coffee, fermented vegetables, and pickles in compliance with pH and water activity rules. Operator must complete an accredited food handler course. Labels must include name, address, contents, allergens, and disclaimer stating the food is made in a home kitchen not inspected by a Texas health department. No wholesale, no restaurant or grocery sales. Local health cannot prohibit or require permit for protected cottage foods.

Frequently Asked Questions

Do I need a McKinney permit to sell cookies from home?
No. Texas Cottage Food Law preempts local permits for protected foods. Complete a food handler course and follow labeling rules.

Sources & Official References

Other rules in McKinney

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