Texas has a set of laws known as the Texas Cottage Food Laws, which allow people to sell certain foods made in home kitchens without needing a food manufacturer's license, using a commercial kitchen, or being subject to inspections by the state or local health departments. The laws include a list of foods that are allowed to be sold, including baked goods, candy, coated and uncoated nuts, unroasted nut butter, jams, dehydrated fruits and vegetables, popcorn, cereal, roasted coffee, dry tea, dried herbs, and more. However, there are also restrictions on what can be sold, such as meat products, beverages, and foods that require refrigeration. The laws also specify requirements for labelling, packaging, and selling these products, with a focus on transparency and accountability to ensure food safety.
What You'll Learn
- Texas Cottage Food Law allows individuals to sell certain foods made in home kitchens without a food manufacturer's license
- Cottage food operations must meet requirements such as selling non-TTCS foods, selling directly to consumers, and having a current food handler's card
- There are no permits, licenses, or inspections required to start a cottage food business in Texas
- Foods that can be sold under the Texas Cottage Food Law include baked goods, candy, coated and uncoated nuts, dehydrated fruits and vegetables, popcorn, cereal, roasted coffee, dried herbs, and more
- Foods that cannot be sold under the Cottage Food Law include meat, poultry, seafood products, baked goods that require refrigeration, beverages, and pet food
Texas Cottage Food Law allows individuals to sell certain foods made in home kitchens without a food manufacturer's license
The Texas Cottage Food Law allows individuals to sell certain foods made in home kitchens without needing a food manufacturer's license, using a commercial kitchen, or being subject to inspections by the state or local health departments.
The law was first passed in 2011, with the most recent revisions taking effect on September 1, 2019. It allows people to sell specific non-hazardous foods directly to consumers without the need for a license or inspection. This includes foods like baked goods, candies, nuts, jams, dehydrated fruits and vegetables, popcorn, cereal, coffee, tea, dried herbs, and more. These foods must not be potentially hazardous and must be packaged and labelled appropriately.
There are several requirements that must be met to operate a cottage food business in Texas. Firstly, the food must be prepared in the individual's home kitchen using residential appliances. The sale of these foods must not exceed $50,000 annually, and they must be sold directly to consumers. The food must be packaged to prevent contamination and labelled with the producer's information, allergen information, and a statement indicating that the food was made in an uninspected kitchen.
It is important to note that cottage food operations cannot sell wholesale to restaurants, grocery stores, or other businesses. Additionally, certain foods are prohibited from being sold under the Cottage Food Law, including meat, poultry, seafood products, baked goods requiring refrigeration, beverages, and any other foods needing time or temperature control to prevent bacterial growth.
Administrative Law: Beyond Traffic Violations?
You may want to see also
Cottage food operations must meet requirements such as selling non-TTCS foods, selling directly to consumers, and having a current food handler's card
Texas's Cottage Food Law allows individuals to sell certain foods made in home kitchens without needing a food manufacturer's license, using a commercial kitchen, or being subject to inspections by the state or local health departments.
Cottage food operations must meet several requirements, including:
- Selling only non-Time and Temperature Controlled for Safety (non-TTCS) foods, previously referred to as "non-potentially hazardous" or "NPH" foods. These are foods that do not require refrigeration, such as baked goods, candy, nuts, nut butters, fruit butters, jams, dehydrated fruits and vegetables, popcorn, cereal, coffee, tea, dried herbs, and more.
- Selling directly to consumers, with an annual gross income limit of $50,000 from the sale of these foods.
- Preparing the foods in your home kitchen using appliances meant for residential use.
- Having a current food handler's card, which requires completing an accredited course in basic safe food handling.
- Packaging the food to prevent contamination, unless the item is too large or bulky for conventional packaging (e.g., a wedding cake).
- Labelling the products with the producer's information, allergen information, and a statement disclosing that the food was prepared in an uninspected kitchen.
These requirements provide a legal framework for individuals to sell homemade foods directly to consumers while ensuring safe food handling practices and providing relevant information to buyers.
American Laws on Indigenous Reservations: Who Has Jurisdiction?
You may want to see also
There are no permits, licenses, or inspections required to start a cottage food business in Texas
Texas has a set of laws, known as the Texas Cottage Food Law, that allows individuals to sell certain foods made in home kitchens without needing a food manufacturer's license, using a commercial kitchen, or being subject to inspections by the state or local health departments.
However, it is important to note that there are still some requirements and restrictions that you must follow under the Texas Cottage Food Law. These include:
- Selling only foods that are not "time and temperature-controlled for safety" (non-TTCS) foods. In other words, you can only sell non-perishable foods that do not require refrigeration.
- Preparing the foods in your home kitchen using appliances meant for residential use.
- Selling no more than $50,000 worth of food annually.
- Having a current food handler's card, which requires completing an accredited course in basic safe food handling.
- Packaging the food to prevent contamination, unless the item is too large or bulky for conventional packaging.
- Labelling the products with the producer's information, allergen information, and a statement informing the consumer that the food was prepared in an uninspected kitchen.
By following these guidelines, you can legally operate a cottage food business in Texas without the need for any permits, licenses, or inspections.
Driving Laws: Private Property Exemptions and Confusions
You may want to see also
Foods that can be sold under the Texas Cottage Food Law include baked goods, candy, coated and uncoated nuts, dehydrated fruits and vegetables, popcorn, cereal, roasted coffee, dried herbs, and more
Texas's Cottage Food Law allows people to sell certain foods made in home kitchens without needing a food manufacturer's license, using a commercial kitchen, or being subject to inspections by the state or local health departments. The law covers a wide range of foods, including:
- Baked goods that do not require refrigeration, such as cakes, cookies, breads, pastries, doughnuts, and pies.
- Candy, including fudge, chocolate, and chocolate-covered treats.
- Coated and uncoated nuts.
- Unroasted nut butters.
- Canned jams and jellies.
- Dehydrated fruits and vegetables, including dried beans.
- Popcorn and popcorn snacks.
- Cereal, including granola.
- 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.
The law also permits the sale of freeze-dried foods that do not contain meat and can be safely stored at room temperature. This means that a wide variety of food products can be sold under the Texas Cottage Food Law, providing they meet the necessary requirements.
The Texas Cottage Food Law has evolved since it was first passed in 2011, with revisions made in 2013 and 2019. The latest changes have expanded the list of permitted foods, allowing any non-time and temperature-controlled safety (non-TTCS) food to be prepared at home and sold directly to consumers. This means that people selling food under the Cottage Food Law have more options than ever before.
In addition to the permitted foods, there are also some important requirements and restrictions that sellers should be aware of. These include limits on annual gross income, packaging and labelling requirements, and the need to complete a basic food safety course. It is important for anyone selling food under the Texas Cottage Food Law to familiarise themselves with these requirements to ensure their business complies with the law.
Laws on Private Property: What Applies and Why?
You may want to see also
Foods that cannot be sold under the Cottage Food Law include meat, poultry, seafood products, baked goods that require refrigeration, beverages, and pet food
The Texas Cottage Food Law allows individuals to sell certain foods made in home kitchens without needing a food manufacturer's license, using a commercial kitchen, or being subject to inspections by the state or local health departments. However, there are specific foods that are not allowed to be sold under this law.
Firstly, meat, poultry, and seafood products are prohibited, including beef jerky. This is because the sale of meat products is federally regulated, and no state can permit meat sales under cottage food laws.
Secondly, baked goods that require refrigeration are not allowed. This includes items such as cheesecakes, cream pies, custard pies, meringue pies, and cakes or pastries with cream cheese icing or fillings. These types of goods are considered potentially hazardous foods (PHF) and require time and temperature control for safety (TCS) to limit pathogen growth or toxin production.
Beverages, including juices, coffee, and tea, are also prohibited under the Cottage Food Law. While coffee beans and tea bags are allowed, the ready-to-serve beverages are not.
Pet food is another category that cannot be sold under the Cottage Food Law. Although pet food is typically non-TCS, it is regulated separately by the Office of the Texas State Chemists, Texas Feed and Fertilizer Control Service.
In addition to these specific categories, any other food that requires time and temperature control to prevent spoilage is not permitted. This means that perishable foods that would normally be stored in the refrigerator or freezer, such as casseroles, pizza, tacos, tamales, flan, and popsicles, are not allowed.
It is important to note that these restrictions apply specifically to cottage food producers operating from home kitchens. These foods can still be legally produced and sold from commercial kitchens with appropriate health department licensing.
US Sports: Segregation and Professional Leagues
You may want to see also
Frequently asked questions
The Texas Cottage Food Law allows individuals to sell certain foods made in home kitchens without needing a food manufacturer's license, using a commercial kitchen, or being subject to inspections by the state or local health departments.
Cottage food operations must meet the following requirements:
- Sell only foods that are not "time and temperature-controlled for safety" (non-TTCS) foods.
- Sell directly to consumers.
- Prepare the foods in your home kitchen using appliances meant for residential use.
- Sell no more than $50,000 of such foods annually.
- Package the food to prevent contamination unless the item is too large or bulky.
- Label the products with the producers' information, allergen information, and specific language informing the consumer that the food was prepared in an uninspected kitchen.
The following foods are allowed under the Texas Cottage Food Law:
- Baked goods that do not require refrigeration, such as cakes, cookies, breads, and pastries.
- Candy, including chocolate and chocolate-dipped treats.
- Coated and uncoated nuts.
- Unroasted nut butters.
- Fruit butters with a pH of 4.6 or below, such as apple, apricot, or peach butter.
- Canned jams and jellies.
- Dehydrated fruits and vegetables, including dried beans.
- Popcorn and popcorn snacks.
- Cereal, including granola.
- Roasted coffee or dry tea.
- Dried herbs or herb mixes.
- Whole (uncut) frozen fruits or vegetables.
- Pickled fruits or vegetables with a pH of 4.6 or less.
- Canned acidified plant-based foods with a pH of 4.6 or less.
- Fermented vegetables with a pH of 4.6 or less.
Dry seasonings, such as dried herbs or herb mixes, are included in the list of allowed foods under the Texas Cottage Food Law.
Foods that are not allowed under the Texas Cottage Food Law include:
- Meat, poultry, or seafood products, including beef jerky.
- Baked goods that require refrigeration, such as cheesecake and meringue pies.
- Beverages, including juices, coffee, and tea.
- Any food that needs time or temperature control to prevent bacterial growth.
- Pet food, although it is usually non-TTCS, is regulated separately.