Texas cottage food law update 2021 (2023)


Texas cottage food law update 2021

In this video you will see the changes that are on effect since 2019 for the Texas Cottage Food Law.

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For the texas cottage good luck, hi everyone, my name is lupita and welcome to the cookie couture, where flavor and design collect today, I'm very happy because finally, I had the time to make a video in this subject.

Few years ago, I was invited to participate and support a reform to the texas scottish food law, and I am very happy because all the effort that a lot of people make in making this change, it was successful and I am going to share with you some of the things that are very important for you to know be if you make cookies, cakes or jams or any other thing that is under the cottage food law you are able to ship in the state of texas.

Before, as you remember, we can achieve anything all our sales have to be face to face and we cannot even receive payments through the internet, but with this law with this arrangement to that law, we are able to do so, and it is super good because it opened us more opportunities for sales and particularly if you always wanted to start a net shop.

This is a very great opportunity because you can start setting up your etsy shop and I know that it has to be only for texas but later on.

If you are getting a lot of sales.

This is a very good startup for your business, because, later on, you are going to have the security that you have a successful business in your state and later on.

Maybe you can start a little shop or you can make a commercial kitchen and you're going to be able to ship all the united states or all the world.

It depends on what you do, I'm going to leave you a link in the description box below so you can check it out and also I am going to tell you a little bit about those changes, but first, if you haven't subscribed to my channel, please please please, please please subscribe and push the notification button, so you don't miss any video okay.

So, let's get to it.

Okay, very good! I am on the website of the texas college football that is www dot, texas, cottage foot, low, okay, the website.

It is very nice.

I think so that they update it and it looks very pretty- and here you have um a lot of things that are very important.

If you want to learn uh more in deep of all the things you can find here, a lot of information.

So if you go in the low label, you are going to have the sb.

572 summary: this is the update of the law.

So, if you want, you can just click there and you will find texas scottish food law summary with the 2019 updates here, you're, going to find a lot of information on the update of that low that it was made on september 1st of 2019 here, you're gonna find a list of all the food that is approved to sell under the texas cornish food law.

Also, you are going to find how much income you can get from things that you sell under this law.

You're gonna find where to sell the items that you make at home.

What are the labels, requirements and you're going to find a lot of little changes that has made to the older law? Okay, but if you go back to home and scroll down a little bit you're going to find frequent, ask questions.

Okay in this part, it says you got questions about the cottage food, low, sb, 572, changes, lots of and lots of questions.

We got answers, okay, so I'm going to click here, so we're going to go to the section for sales locations and delivery methods.

Okay, where can I sell my cottage food products? You can sell your food directly to the end customer anywhere in texas.

This is a significant change from the law as it existed from 2013 to 2019.

You can now sell at any type of event.

It doesn't matter if the sponsor is for profit or non-profit, be aware that local ordinances apply.

That means that certain towns might have different rules.

If a local ordinance says you cannot set up a tent by the side of the road in a particular city, then you must follow that blow.


So if you scroll down these questions are very important because they tell you, where are the places that you are able to sell or set up a little pop-up shop? These questions are very important, but I'm going to go to scroll down a little bit and tell you one of the things that are very important.

Is that answer on question 37 this is: can I sell on the internet? Yes, you may sell your food on the internet in texas as long as you personally deliver the food to your customer.

All the information on your labels, except your home address, must be provided to the customer before the customer pays for the food.

You can make this information available to the customer by posting it on your website or any other method of communication.

So this is very, very important, because now we are able to sell foods on the internet in the whole state of texas.

One thing that is very important is that you need to put a tab on your website, saying all the ingredients that are on your cookies or mostly the allergens that are on your cookies before the people can buy them, so they know what they're going to buy.

So that's very, very important, then question 38.

Can I ship cottage food products? The statue specifically provides the courage.

Food operators can deliver to their customer in general.

Thus, if the transaction is made in person rather than through the internet or by mail order, it is reasonable to use delivery methods such as shipping or hiring a driver, but if the transaction is made remotely, that means if they pay you online via paypal, venmo or something else that delivery must be in person as discussed above.

So it means that one of the transactions that you are going to have in a sale must be in person.

So if they pay you online you're going to have to deliver your cookies personally or if you are going to deliver the cookies personally, they can pay you online, so one part of the transactions needs to be face to face.

Additionally, if the above conditions are met, be aware that homemade food can only be shipped within texas when a food crosses state lines, the federal government has authority over not only the interest in transport, but the whole operation that produces it.

No cottage food law in the country allows interstate shipping, and here are some other questions regarding on packaging and labeling.

Your college foods here is a page where you can find all the information about labeling, I'm gonna click on that, and you will see all the information that it is required on your label, mostly what it is important on the labels is to let your customer know what kind of allergens are on your product, because that is very, very important, okay and also the address of your house and the name of your business and the name of the product.

Okay- and this is a statement that is very, very important.

This food is made in a home kitchen and it is not inspected by the department of state health services or a local health department.

So this is very, very important, so here you can find all the information.

As you can see, these are great news for all of us and I hope that all of you take advantage of these new opportunities.

Okay, thank you.

So much for coming today to my channel, my oven is beeping, so my cookies are ready, so I have to go and please please don't forget- to subscribe and push the notification button.

Follow me on my social media and always be super creative in all your baking, and particularly in your cookie decorating and besides, subscribing to my channel.

Please please share this video to the people that you know that it will help them.

This is a great little change to help people with all this new information.

Okay, guys see you later bye.


Do I need a permit to sell homemade food in Texas? ›

Permits & Regulations for Home-Based Food Business in Texas

You do not need a permit from the local health department to start a home-based food business in Texas. In fact, the health department is prohibited from interfering with your cottage food business unless a customer files a complaint.

Which fruit and vegetables can be sold under Texas Cottage Food law? ›

These include apple, apricot, grape, peach, plum, quince, and prune butters. Low-acid fruit butters may not be sold by cottage food producers. This would include pumpkin, banana, and pear butters.

Can you sell baked goods out of your house in Texas? ›

Many states regulate “cottage food,” meaning food made in a home kitchen for sale. Texas cottage food producers may sell any non-potentially hazardous food, including breads, candies, dry goods, pastries, jams, jellies, and dried fruits and vegetables.

What is the income cap for Texas Cottage law? ›

Your gross annual income from the sales of these foods must be $50,000 or less. 3. 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.

How much is a permit to sell food in Texas? ›

Gross Annual Volume of Food SalesPermitting Fee
$0 – $49,999.99$258
$50,000 – $149,999.99$515
$150,000 or more$773

Are cottage foods taxable in Texas? ›

Texas Cottage Food Law: Taxes

You don't have to collect state or local sales taxes if you are selling wholesale, that is, you sell your food to retailers who then sell it to the public. But Texas cottage food laws don't permit you to sell food you make at home as a wholesaler!

Can I sell cheesecake from home in Texas? ›

Foods that are perishable, such as cheesecakes, or custard fillings, or meringue pies, are not covered in the law. To sell foods that require refrigeration, you must contact your local Health Department and find out how to comply with their requirements.

Can I sell tamales from my home in Texas? ›

You can indeed sell tamales from your house. Both a business license and a license for food handlers are required.

Can I sell vegetables from my garden in Texas? ›

Sales: Products raised on the farm or produced in Texas may be sold on-site or distributed off-site. A farm-stand is permitted, but may sell no more than 20% of off-farm products.

Can I sell BBQ from my home in Texas? ›

Yes, you can actually sell that from your home. That is something you can sell under Texas cottage food laws. And that has to be something that's made in your own kitchen, and it has to be packaged and, of course, labeled correctly.

Can I run a bakery from home in Texas? ›

Home bakery businesses in Texas should comply with the regulations surrounding food safety and proper food handling and sanitation. The state has specific rules that must be followed to produce and sell food products from your home kitchen.

How to start a small food business in Texas? ›

Table of Contents
  1. Permitting.
  2. Obtaining a Certified Food Manager's Certificate.
  3. Obtaining Food Handler Certification.
  4. Obtaining a Tax ID Number.
  5. Equipment and Facility Requirements. ...
  6. Approved Water Source/Water Wells.
  7. Restrictions on Commercial Food Preparation in a Home.
  8. Texas Food Establishment Rules (TFER)

How do I get a food permit in Texas? ›

A Retail Food Permit Application may be obtained by contacting the Foods Licensing Group at 512-834-6727. The applications can also be downloaded from the Food Establishments Licensing page.

How to start a cottage food business in Texas? ›

Checklist for Beginning Cottage Food Operations
  1. [HIGHLY RECOMMENDED] Read the basic rules of the cottage food law. ...
  2. [HIGHLY RECOMMENDED] Pick your product(s). ...
  3. [REQUIRED] Obtain your Texas Food Handler's Certification. ...
  4. [REQUIRED] Create your legally required food labels.
  5. [HIGHLY RECOMMENDED] Develop a business plan.

Do I need a food license to sell charcuterie boards in Texas? ›

You will need to get a food establishment permit from your local health department, which will inspect your kitchen to make sure it meets food safety standards. Follow labeling rules. Food sold in Texas must have certain information on the label, such as the ingredients, the weight, and a warning about allergens.

Do you need a permit to sell food on the street in Texas? ›

Businesses Required To Get a Mobile Food Vendor Permit

Any business that sells food, beverages, or both to the public from a mobile unit in Texas must have a permit.

Do I need a sales tax permit to sell food in Texas? ›

Food Seller's Permit in Texas

In Texas, any business that sells tangible goods needs a seller's permit in order to be able to charge sales tax on their goods. Food trucks sell food and drinks, which are tangible goods, so they need this permit.

Do you need a license to cater food in Texas? ›

Texas. Texas requires caterers to obtain a health permit from your local city or county health department, or from the Texas Department of State Health Services. At least one person in your business must be a Department of State Health Services certified food handler.

What food is not taxed in Texas? ›

Snack items that are not individual-sized are not taxable, unless sold as a part of a meal. Snack items include: Breakfast bars, granola bars, nutrition bars, sports bars, protein bars and yogurt bars (unless labeled and marketed as candy). Chips, crackers, hard pretzels, pork rinds and corn nuts.

Is chicken feed tax exempt in Texas? ›

Is chicken feed tax-exempt in Texas? Chicken feed and other animal feed (such as hay, corn, and oats) meant for work animals or animals raised for consumption are exempt from sales tax. This exemption means that chicken feed will not have sales tax applied when paying.

Are vegetable plants taxable in Texas? ›

Are plants, trees and seeds subject to sales tax? Seeds and annual plants are exempt when their products ordinarily constitute food for human consumption, are used to produce feed for exempt animals, or are to be sold in the regular course of business. Perennial plants, including trees, are subject to sales tax.

Can you bake bread and sell from home? ›

You'll need to apply for a home bakery permit, registration, license and/or certificate first. Bakeries in residential buildings don't need to register with the federal Food and Drug Administration. The rules on selling food from home largely depend on state, county and local laws.

Can I bake cake at home and sell? ›

Check Local Laws And Regulations

Depending on the state, you may only be able to sell your cakes or baked goods online if you are baking out of a commercial kitchen. You should get permits or a business license in your state to avoid legal issues.

Do you need a license to sell ice cream in Texas? ›

To open your ice cream shop you will need business license, a food facility health permit, a certificate of occupancy — they all have varying (and sometimes overlapping) requirements, so it's important to know exactly what you need to get to legally open a food business in your particular city or county in Texas.

Can I sell tacos from my house Texas? ›

Texas Cottage Food Law allows the sale of foods that are prepared in residential homes as long as gross sales do not exceed $50,000 annually.

Which of the following is not a ready to-eat food? ›

Some common examples of foods that do not meet the requirements for ready-to-eat foods are bulk salads and pastas; cheese trays or party trays; sliced meat, poultry or cheese being sold separately; uncooked, prepacked pizzas, garlic breads, and like items; cold cooked chicken; cold stuffed clams and processed seafood ...

What is the food Freedom Act in Texas? ›

Texans deserve food freedom. S.B. 829 strengthens the local Texas economy by supporting food entrepreneurs in diverse markets. The bill encourages food resiliency by advocating for Texans' ability to provide for themselves and their communities.

Can I sell seeds from my garden in Texas? ›

What do I need to do to sell seed that is for planting purposes in Texas? Answer: Vegetable Seed - You must have a valid vegetable seed license.

What is the best seller at a farmers market? ›

Fruits and vegetables. The most obvious items to sell that are always in high demand are fresh fruits and vegetables. If you have a garden, this is a great way to sell your extra fruits and vegetables.

Can you have a vegetable garden year round in Texas? ›

Texas gardeners can produce tasty, nutritious vegetables year-round. To be a successful gardener requires following a few basic rules and making practical decisions. Although many urban gardeners have little choice, selecting a garden site is extremely important.

Can I sell meat from my home in Texas? ›

Can I sell inspected meat or poultry products I produced in my home? No. Meat or poultry products sold to the public, whether wholesale or retail, cannot be produced in a residence.

Is it legal to sell plants from home in Texas? ›

Yes. You need a Nursery Floral license to sell plants using any Internet website. To ship the plants to out-of-state locations, you need a phytosanitary certificate issued by a TDA inspector. The cost is $30 per inspection.

Do you need a license to sell hookah in Texas? ›

Anyone involved in the retailing or wholesaling of tobacco products in Texas must have a permit issued by the state's comptroller's office. The fee for a retail level permit is $180.00 per two year period beginning June 1st of even numbered years.

Are cakes legal in Texas? ›

Under a new law, Texans can legally bake at home and sell to others without government oversight. Here are some key facts to keep in mind: “Baked goods” include cookies, cakes, breads, Danish, doughnuts, pastries, pies and other items prepared in an oven.

Is owning your own bakery profitable? ›

The average bakery profit margins are low. A typical margin for a bakery is between 4% and 9%. The reason that bakeries have such small margins is due to competition. To sell your products, you need to offer them at prices that are market competitive yet still allow you to make money.

How do I start a local food business from home? ›

How to start a food business from home in 2022
  1. Review your necessary skills to operate a food business from home.
  2. Research food market.
  3. Choose a competitive advantage.
  4. Build a pricing model.
  5. Find food ingredients.
  6. Invest in a POS software.
  7. Prepare a business plan.
  8. Register your legal entity.
Nov 29, 2022

How do I get a food handlers certificate in Texas? ›

Step 1: Complete the online food handler course on any device in English or Spanish - only 30 minutes! Step 2: Take the food handlers test online. Retake the test for free if you don't pass. Step 3: Print, download, or mail order your card immediately after completing the program.

What certifications do I need to serve food in Texas? ›

Texas requires that many food service employees complete an accredited food handler training course within 30 days of getting a job. These courses train employees on food safety including good hygiene practices, how to avoid cross contamination, and more.

What type of certificate do I need to handle food in Texas? ›

Who must obtain food handler training? The Texas Department of State Health Services (TXDSHS), under Texas Food Establishment Rules (TFER) §228.31, requires that '…all food employees shall successfully complete an accredited food handler training course, within 30 days of employment.

Can I make meals at home to sell? ›

Cottage food laws vary among the states, and those interested in selling food from home should consult their local laws before launching their businesses. States also require home-based food business owners to have food-handlers permits, which typically requires a brief training course.

Do you need a license to sell at a farmers market in Texas? ›

Yes. The Texas Department of State Health Services has the authority to conduct inspections of all food vendors who are required to obtain a temporary food establishment permit at a farmers' market.

How much is business license in Texas? ›

How Much Does a Business License Cost in Texas? If your municipality requires a standard business operating license or a specialized license, the cost may range from $15 to $30 on the low end to several hundred on the high end.

Can I sell bread from home Texas? ›

Can I Sell Fermented Foods in Texas? Many states regulate “cottage food,” meaning food made in a home kitchen for sale. Texas cottage food producers may sell any non-potentially hazardous food, including breads, candies, dry goods, pastries, jams, jellies, and dried fruits and vegetables.

What is a catering license in Texas? ›

The Catering Certificate authorizes the holder of a Caterer's Permit to sell mixed beverages on a temporary basis at a place other. than the premises for which the holder's Mixed Beverage Permit is issued.

Can a charcuterie board be anything? ›

But as these craveable boards have gotten more popular for entertaining at home, the everyday definition has expanded to include abundant displays of meats, cheeses, dried and fresh fruits and vegetables, toasted nuts, briny olives, and complementary condiments – honeys, jams, jellies, chutneys, mustards and more!

How do I get a food seller's permit in Texas? ›

A Retail Food Permit Application may be obtained by contacting the Foods Licensing Group at 512-834-6727. The applications can also be downloaded from the Food Establishments Licensing page.

Do you need a license to cater food from home in Texas? ›

Licensing. 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. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation.

How much is a vendor's license in Texas? ›

Texas doesn't charge a fee to acquire a seller's permit, but you may be required to put up a security bond, the amount of which the comptroller determines upon evaluating your application.

Can I sell tamales from home in Texas? ›

You can indeed sell tamales from your house. Both a business license and a license for food handlers are required.

How do I report someone for selling food without a license in Texas? ›

Public Nuisance Complaints - Public Health Sanitation Program
  1. Email: Public Health and Sanitation.
  2. Phone: 512-834-6788.
  3. Fax: 512-206-3792. Public Health and Sanitation. Environmental Operations Branch, Mail Code 2835. Texas Department of State Health Services. 1100 W 49th St. Austin, TX 78756-3199.

Can I cater out of my home in Texas? ›

Texas Cottage Food Law allows the sale of foods that are prepared in residential homes as long as gross sales do not exceed $50,000 annually.

Can caterers sell alcohol in Texas? ›

A Caterer's Permit (CB) is only issued to the holder of a mixed beverage permit (MB or RM) and authorizes the sale of alcoholic beverages on a temporary basis at a place other than the premises for which the holder's mixed beverage permit is issued.

Can I cook at home and sell? ›

Making, preparing or storing food at home for later sale is considered a food business. This means that the requirements to be met for retail food businesses are the same whether you are making it from home or in a commercial kitchen.

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