Cottage Food Production in the State of Texas

Can you make and sell food out of your home legally in Texas?

Yes, you can. However, certain laws and regulations must be followed.

What are Cottage Foods?

Cottage Food refers to food products made in a home kitchen and sold directly to consumers. These operations are exempt from permitting requirements as long as they have an annual gross income of less than $50,000.

Training Requirements

Individuals who operate a cottage food production must successfully complete a basic food safety training program for food handlers. The Environmental Health Department offers online Food Handler Certifications through Responsible Training. 

◼ Click here for the Amarillo Responsible Training Courses

How Can Cottage Food Be Sold?

Food produced through a cottage food operation must be distributed online or by mail order under the following circumstances:

• The consumer purchased the food online or by mail-order from the operator.
• The operator personally delivers the food to the customer.

Allowed Cottage Food Items

• Baked goods that are not time/temperature control for safety (TCS) foods
• Candy
• Coated and uncoated nuts
• Unroasted nut butters
• Fruit butters
• Canned jam or jelly
• Fruit pies
• Dehydrated fruit or vegetables, including dried beans
• Popcorn and popcorn snacks
• Cereal, including granola
• Dry mix
• Vinegar
• Pickled fruit or vegetables, including beans 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 or dry tea
• Dried herb or dried herb mix
• Plant-based acidified canned goods
• Fermented vegetable products, including those that are refrigerated to preserve quality
• Frozen raw and uncut fruit or vegetables
• Any other food that is not a TCS food

Examples of Foods NOT Allowed to Be Sold as Cottage Foods

• Tamales
• Casseroles
• Jerky
• Cheesecake
• Baked potatoes
• Fried chicken
• Oysters
• Charcuterie boards
• Crawfish

Cottage Food Label Requirements

Cottage food items must be labeled with the following information:

• The name and address of the owner and operation

• The common name of the food product

• Major food allergens (e.g., eggs, nuts, soy, peanuts, tree nuts, milk, wheat, sesame, fish, shellfish)

• The statement: “THIS FOOD IS MADE IN A HOME KITCHEN AND IS NOT INSPECTED BY THE DEPARTMENT OF STATE HEALTH SERVICES OR A LOCAL HEALTH DEPARTMENT”

• A unique number for each batch of pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods

• If selling frozen raw and uncut fruits or vegetables, the following label must be included: “SAFE HANDLING INSTRUCTIONS: TO PREVENT ILLNESS FROM BACTERIA, KEEP THIS FOOD FROZEN UNTIL PREPARING FOR CONSUMPTION”

Helpful Resources

• Texas Cottage Food Production | Texas DSHS
• Home Food Business - Texas Cottage Food Law

Laws & Regulations

• Texas Administrative Code for Cottage Food Production Operations

Cottage Food FAQs

Farmers Markets

In Texas Administrative Code Rule 229.661, a Farmers Market is defined as: “A designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers. A farmers market must include at least two vendors who meet the definition of a 'farmer'…and may include vendors who meet the definition of 'food producer'…In addition, a farmers market may include vendors who are not 'farmers' or 'food producers,' provided that 'farmers' and 'food producers' constitute the majority of vendors who participate in the market throughout the year.”

Farmers Market Permit Information

Fill out the application and pay required fee to the Environmental Health Department.

◼ Click here to apply for a Farmers Market permit.

Fee:$100

Farmers Markets FAQs