Tarrant County, TX Home Business: Cottage Food Operations (2026)
Key Facts
- Governing Law
- Texas H and S Code Chapter 437
- License Required
- No state or county license
- Sales Cap
- $150,000/year (SB 541, 2025)
- Food Handler Course
- Required, ~10 dollars online
- Allowed Sales
- Direct, farmers markets, online, retail
Summary
Cottage food in Tarrant County is governed by Texas Health and Safety Code Chapter 437. Home producers can sell non-hazardous foods directly to consumers with no license and no inspection, but SB 541 (2025) caps annual sales at $150,000 and labeling rules apply.
Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS BY LOCAL GOVERNMENT AUTHORITIES PROHIBITED; COMPLAINTS. (a) A local government authority, including a local health department, may not: (1) regulate the production of food at a cottage food production operation; or (2) require a cottage food production operation to obtain any type of license or permit or pay any fee to produce or sell directly to a consumer or cottage food vendor, or to provide samples directly to a consumer, a food other than a food described by Sections 437.001(2-b)(A)(i)-(vi).
Full Breakdown
Texas Cottage Food Law (Health and Safety Code Chapter 437, amended by SB 572 and 2025's SB 541) lets Tarrant County residents sell non-potentially hazardous foods from home kitchens with no health department license or inspection, subject to SB 541's $150,000 annual sales cap. Permitted foods include baked goods, candies, jams, jellies, dried pasta, pickled and fermented vegetables, and popcorn; meats, cheeses, cut melons, and other time-temperature-controlled items are prohibited. Producers must complete a food handler course and label products with producer name and address, product name, allergens, ingredients, net weight, and a not-inspected statement. Sales may occur at home, farmers markets, festivals, online, by mail, and at retail locations. State preemption bars Tarrant County from adding local licensing.
Violations & Fines
Selling prohibited foods (meat, dairy, cut produce) from a cottage kitchen is a violation of state health code and can trigger Texas Department of State Health Services enforcement and local health department intervention. Improper labeling may result in warnings or cease and desist orders.
Frequently Asked Questions
Do I need a permit to sell baked goods from home in Tarrant County?
Can I sell cottage food online in Tarrant County?
Sources & Official References
Other rules in Tarrant County
Texas rules heatmap·Compare Tarrant County to another location·View the Texas home business overview
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