Cottage Food Production Overview

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”

Farmers Markets Overview

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 Farmers Market Permit application and pay required fee to the Environmental Health Department. Cost to complete the Farmers Market Permit is $100. 

Cottage Food / Farmers Market FAQS

You can sell a variety of foods including baked goods (that are not time/temperature control for safety), candy, coated and uncoated nuts, unroasted nut butters, fruit butters, canned jams or jellies, fruit pies, dehydrated fruits or vegetables, popcorn and popcorn snacks, cereal, dry mix, vinegar, pickled fruits or vegetables, mustard, roasted coffee or dry tea, dried herbs or herb mix, plant-based acidified canned goods, fermented vegetable products, and frozen raw and uncut fruits or vegetables.
 

No, it is illegal to sell raw milk at a farmers market in the state of Texas.

Yes, you can sell yard eggs at a farmers market. Requirements include:

  • You must have a temporary food establishment license.
  • Eggs must be maintained at an ambient air temperature of 45°F and below.
  • Eggs must be properly labeled as “ungraded” with safe handling instructions.

Yes, honey may be sold at a farmers market. To sell honey as food in Texas, you must follow the rules for Good Manufacturing Practices (GMPs) 25 TAC §§229.210-229.222 and obtain a food manufacturing license.

Additionally, a small honey production operation may sell honey directly to consumers at the beekeeper’s home, a farmer’s market, a farm stand, or a municipal, county, or nonprofit fair, festival, or event according to the Health and Safety Code Chapter 437, Section 437.001(7). The honey sold or dispensed must be labeled in accordance with Sub-chapter E, Chapter 131, Agriculture Code. The label must include:

  • The net weight of the honey expressed in both the avoirdupois and metric systems
  • The beekeeper’s name and address
  • The statement, “Bottled or packaged in a facility not inspected by the Texas Department of State Health Services.”