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

Texas cottage food law (Health and Safety Code Chapter 437, also known as the Texas Homemade Food Act) preempts local regulation of cottage food production. Tomball cannot impose additional permitting, licensing, or inspection requirements on cottage food operations that comply with state law. Allowed products include baked goods (breads, cookies, cakes, pastries), candy, coated and uncoated nuts, dried fruits, unroasted nut butters, fruit butters, canned jams and jellies, dried herbs and spice mixes, dry pasta, popcorn and popcorn snacks, cereal, granola, trail mix, vinegar, pickled fruits and vegetables (using approved recipes), roasted coffee, dried meat jerky (with proper labeling), and fermented vegetables. Products that require time and temperature control for safety (potentially hazardous foods) such as cream-filled pastries, cheesecakes, and meat products other than jerky are not allowed. All products must be labeled with the producer's name and address, the statement 'This food is made in a home kitchen and is not inspected by the Department of State Health Services,' a list of ingredients including potential allergens, and the production date. Sales must be direct to consumers at the home, farmers markets, or through the internet. Sales to retail stores or restaurants are not permitted. The annual sales cap is $75,000. No city business permit or health department inspection is required.