Montgomery County, TX Home Business: Cottage Food Operations (2026)
Key Facts
- State Law
- TX H&S Code §437.001
- Revenue Cap
- $50,000/year
- Allowed
- Baked goods, jams, pickles
- Prohibited
- Meat, dairy, CBD/THC food
- Food Handler
- TX accredited cert required
Summary
Texas Cottage Food Law (H&S Code §437.001) allows home-made non-potentially-hazardous food sold directly to consumers up to $50,000/year. CBD/THC products banned. Proper labeling and food handler cert required.
'Cottage food production operation' means an individual, operating out of the individual's home, or a nonprofit organization that: (A) produces at the individual's home ... any food other than: (i) meat, meat products, poultry, or poultry products; (ii) seafood ...; (iii) ice or ice products ...; (iv) low-acid canned goods; (v) products containing cannabidiol or tetrahydrocannabinol; or (vi) raw milk and raw milk products; (B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A) ...; (C) sells the foods produced under Paragraph (A) directly to consumers or to a cottage food vendor ...
Full Breakdown
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. 0196 pH standards. Prohibited: anything requiring refrigeration, meat products, raw milk products, juices, and cannabis products. 3% THC under the Texas Department of State Health Services Consumable Hemp Program. ' 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.
Violations & Fines
DSHS cease and desist for non-permitted foods. Exceeding $50,000 cap requires commercial food manufacturer license. Labeling violations: warning + $100-$500 fines. CBD/THC cottage food violations: separate Texas Compassionate Use Act and criminal charges.
Frequently Asked Questions
Can I sell cookies from my Conroe kitchen?
Can I sell CBD edibles as cottage food?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas home business overview
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