Texas Cottage Food Law Preempts Local Bans

Under HSC 437.001-437.0193, a cottage food production operation may sell directly to consumers up to $50,000 in annual gross income from foods such as baked goods, candy, jam, dried herbs, popcorn, fermented vegetables, and certain canned acidic foods. Producers must complete a food handler course, label products with required disclosures (name, address, ingredients, allergen warning, and 'Made in a home kitchen' statement), and may sell at home, farmers markets, festivals, online, and by mail. Local governments are expressly prohibited from regulating cottage food operations beyond the statute, though zoning rules of general application still apply.

Selling unapproved hazardous foods, omitting required labels, exceeding the $50,000 annual cap, or selling wholesale to retailers can void cottage food protection and trigger health code enforcement.