Food safety is a major public health priority. Foodborne illness is common and costly but can be prevented.
A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation.
However, the Department of State Health Services, or The Northeast Texas Public Health District (NET Health), has authority to act to prevent an immediate and serious threat to human life or health through emergency order, recall orders and delegation of powers or duties. Health departments are required to maintain records of all complaints against a cottage food production operation.
Food items such as baked goods that is not a Time and Temperature Control for Safety(TCS Foods), candy, coated/uncoated nuts, unroasted nut butters, fruit butters, canned jams/jellies, fruit pies, dehydrated fruits/vegetables (including dried beans), popcorn, cereal (including granola), dry mix, vinegar, pickled fruit or vegetables, including beets and carrots, that are preserved in vinegar, brine, or a similar solution at an equilibrium pH value of 4.6 or less, mustard, roasted coffee, dry tea, dried herbs, or herb mixes, Frozen raw and uncut fruit or vegetables, Any other food that is not a TCS food.
Sells the foods produced directly to consumers.
Deliver products to the consumer either at the point of sale or to a location specified by the consumer.
A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation.
However, the Department of State Health Services, or The Northeast Texas Public Health District (NET Health), has authority to act to prevent an immediate and serious threat to human life or health through emergency order, recall orders and delegation of powers or duties. Health departments are required to maintain records of all complaints against a cottage food production operation.
A Cottage Food Production Operation is exempt from food service establishment regulations and does not need to comply with the Texas Food Establishment Rules. Furthermore:
To legally operate a cottage food business, an individual must:
Additionally, cottage food products cannot be sold:
The Texas Department of State Health Services is in the process of amending rules for cottage food operations.
Texas Cottage Food Operations
Your home will not be inspected by the health department operations.
Exemption: immediate concern about public health or concern about the sale of a food not allowed under the Texas Cottage Food law
Texas Cottage Operator is required to obtain a FOOD HANDLER CARD from a state accredited program.
Foods sold by a cottage food production operation must meet specific packaging and labeling standards.
A cottage food production operation is defined as an individual, operating out of the individual’s home, who: makes any of the food listed here at their home. Baked goods that is not a Time and Temperature Control for Safety(TCS Foods), candy, coated/uncoated nuts, unroasted nut butters, fruit butters, canned jams/jellies, fruit pies, dehydrated fruits/vegetables (including dried beans), popcorn, cereal (including granola), dry mix, vinegar, pickled fruit or vegetables, including beets and carrots, that are preserved in vinegar, brine, or a similar solution at an equilibrium pH value of 4.6 or less, mustard, roasted coffee, dry tea, dried herbs, or herb mixes, Frozen raw and uncut fruit or vegetables, Any other food that is not a TCS food.
No. The law specifically prohibits the local Health Department from regulating Cottage Food Operations.
Cheesecake, kombucha, beef jerky, tamales, tres leches cake, flan, if the food requires to be refrigerated for safety, then is not a cottage approved food. (not an all-inclusive list)
No
No
No. The law specifically prohibits the local Health Department from regulating Cottage Food Operations.
Yes. Your food handler’s card is good for two years and must be kept current as long as you are selling cottage foods.
Yes, if your operation poses a serious and immediate threat to human life and health.
Sampling at locations, like county, municipal, or non-profit fairs, or festivals, is allowed as long as your samples are packaged and labeled with the required labeling information.
In Texas, bakery items sold without utensils are typically not subject to sales tax. Some food items, such as candy, are taxable. The best thing to do is contact the Texas Comptroller directly.
Yes.
No. Mail-order sales are prohibited
No. The law requires cottage food products to be produced in an individual’s home, meaning a primary residence with a kitchen and appliances designed for common residential use.
No. You can only sell directly to the consumer, you are not allowed to sell to a wholesaler or restaurant. This will be considered an “unapproved source’’ for the wholesaler and the restaurant.
Yes. Cottage food sales must be direct to the consumer, so you must be present selling the food. You cannot leave the food there for the retailer to sell on your behalf.
