Texas Cottage Law

After many attempts to improve the law texas now has a good cottage food law. The texas cottage food law has continued to evolve and expand since first passed in 2011 with the most sweeping revisions made by the texas legislature in 2019. The first texas cottage food law sb 81 was passed in 2011 and only permitted the sale of baked goods jams jellies and dried herbs.

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Hb 970 the cottage food law passed in 2013 specifically prohibits a county or municipality from regulating a cottage food operation or banning a cottage food operation on the basis of zoning.

Texas cottage law. Date of the enactment of the cottage food law. The texas cottage food law has not only opened up incredible opportunities to many cottage food bakers but it has brought an entire community from all across the state together. July 2009 click here for more information about this state s cottage food requirements. Title 25 of the texas administrative code section 229 661 provides definitions for cottage food production operations labeling requirements complaint database requirements and sales location requirements.

25 tac 229 661 cottage food production operations pdf 103kb cottage food production operations safe temperatures english and spanish pdf 160kb. In 2019 they passed another amendment sb 572 which greatly expanded it again. I love being able to use my creative side to help support my family and network within my local community to offer up yummy cakes and treats to others. The department will adopt a rule concerning the regulation of cottage food production operations.

Texas passed an amendment hb 970 to their cottage food law in september 2013 which greatly loosened the restrictions of their original cottage food law sb 81. However your neighbor still has the right to take action against you if your business becomes a nuisance. Producers can sell anywhere. Your state department of public health is generally your local authority for your state s cottage food laws and regulations.

Prior to 2011 it was illegal to sell any food that a person prepared in a home kitchen. 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. State departments of public health. The second cottage law passed in 2013 and known locally as the baker s bill expanded the lists of items that could be prepared at home for sale to the public.

Any increase in sales and interactions that is over this amount may require a non home based business license or permit. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation. In texas the home based business owner cannot earn more than 50 000 from sales to remain a home based business seller or to remain within the cottage food laws. Texas cottage food law website.