Montgomery County, TX Home Business: Cottage Food Operations (2026)

Texas Cottage Food Law under Health & Safety Code §437.001 permits individuals to prepare and sell non-potentially hazardous (non-TCS) foods from home kitchens without a commercial food manufacturer license or food establishment permit. Revised by SB 572 (2019), the law allows annual gross income up to $50,000 from cottage food. Permitted foods include baked goods, candies, jams, jellies, fruit butters, dried fruits, dried pasta, granola, cereal, popcorn, fermented vegetable products (sauerkraut/kimchi) with proper pH, roasted coffee, tea blends, and pickles meeting §437.0196 pH standards. Prohibited: anything requiring refrigeration, meat products, raw milk products, juices, and cannabis products — Texas permits only hemp-derived CBD with less than 0.3% THC under the Texas Department of State Health Services Consumable Hemp Program. Mandatory label: producer name, address, product name, ingredients, allergens, and 'This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.' A current Texas Food Handler Certificate (accredited) is required. Sales direct to consumer: home delivery, mail within Texas, farmers markets, festivals, roadside stands, pickup. Retail and wholesale prohibited.