The Texas Cottage Food Law allows you to sell items prepared in a home kitchen, without the requirement of a commercial kitchen.
Please review all of the content below as well as the website linked below. You must be in full compliance with these regulations in order to sell your food at the Farmers Market (it's the law).
All of this content is from the Texas Cottage Food Law website - which we recommend reviewing.
https://texascottagefoodlaw.com/
3 Steps
- Read the rules so you know what you can sell and how you can sell it.
- Take your required food handler’s training.
- Create your required food labels.
Cottage Food Laws
- As of September 1, 2019 you may sell the following homemade food items:
- Any food, excluding meat, that does not require time or temperature control to prevent spoilage
- Baked goods that do not require refrigeration, such as cakes, cookies, breads, and pastries
- Candy
- Coated and uncoated nuts
- Unroasted nut butters
- Fruit butters
- Canned jams and jellies
- Fruit pies
- Dehydrated fruits and vegetables including dried beans
- Popcorn and popcorn snacks
- Cereal, including granola
- Dry mixes
- Vinegar
- Mustard
- Roasted coffee or dry tea
- Dried herbs or herb mixes
- Whole (uncut) frozen fruits or vegetables
- Canned acidified plant-based foods with a pH of 4.6 or less
- Fermented vegetables with a pH of 4.6 or less
- Pickled fruits or vegetables with a pH of 4.6 or less
- Your gross annual income from the sales of these foods must be $50,000 or less.
- No health department or local government authority can regulate your production of these items. There are no licenses, registration, or permits required by state law. (With the exception of basic food handler’s certification, see item 10.)
- If DSHS or your local health department has reason to believe your operation poses an immediate and serious threat to human life or health, they may take action, including getting a warrant to enter your home, and shutting down your operation.
- You may sell the food directly to consumers anywhere in Texas. Local ordinances apply.
- Your food must be packaged in your home kitchen in a way that prevents the product from becoming contaminated. Items that are too large or bulky for conventional packaging, like wedding cakes or cupcake bouquets, are not required to be packaged.