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

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Montgomery County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

'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 ...

Source: TX H&S Code §437.001View official code

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?
Yes. Texas cottage food law permits this with proper labeling, food handler cert, direct-to-consumer sales only, and up to $50,000/year revenue.
Can I sell CBD edibles as cottage food?
No. Texas requires DSHS Consumable Hemp registration for CBD products. They are not eligible under cottage food law.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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