The cottage food industry has experienced significant growth in recent years, with many individuals turning to homemade goods as a way to earn extra income or pursue their passion for baking and cooking. In Texas, the Cottage Food Law allows individuals to sell certain homemade foods, but it's essential to understand the regulations and requirements to ensure compliance. As a domain expert with extensive knowledge of food laws and regulations, I will provide an in-depth guide to selling homemade goods legally in Texas.
Understanding the Texas Cottage Food Law
The Texas Cottage Food Law, also known as the Texas House Bill 186, was enacted in 2011 and amended in 2019. The law allows individuals to operate a cottage food operation, which is defined as a small-scale food business that produces and sells low-risk foods from their home kitchen. The law aims to support small-scale food entrepreneurs while ensuring public health and safety.
Eligible Foods
Under the Texas Cottage Food Law, eligible foods are categorized into two tiers: Tier 1 and Tier 2. Tier 1 foods include:
- Baked goods (cakes, cookies, bread, etc.)
- Candies and chocolates
- Fruits and vegetables (dried, pickled, or canned)
- Nuts and seeds (roasted or flavored)
- Spices and herbs
Tier 2 foods include:
- Jams, jellies, and preserves
- Marinades and sauces
- Soaps and cosmetics (made from food-grade ingredients)
Registration and Licensing
To operate a cottage food business in Texas, individuals must register with the Texas Department of State Health Services (DSHS) and obtain a food handler's permit. The registration process involves:
| Step | Description |
|---|---|
| 1 | Complete the registration form and pay the required fee ($50) |
| 2 | Provide proof of food handler's training or certification |
| 3 | Label products with required information (name, address, and statement indicating it's a cottage food product) |
Labeling and Packaging Requirements
Cottage food products must be labeled with the following information:
- Name and address of the cottage food operator
- Statement indicating it's a cottage food product
- List of ingredients
- Net weight or quantity of the product
Sales and Marketing
Cottage food operators can sell their products through various channels, including:
- Online marketplaces (with some restrictions)
- Farmers' markets
- Roadside stands
- Word-of-mouth sales
Operators must also comply with local health department regulations and obtain any necessary permits or licenses.
Key Points
- The Texas Cottage Food Law allows individuals to sell certain homemade foods from their home kitchen.
- Eligible foods are categorized into Tier 1 and Tier 2, with Tier 1 including baked goods, candies, and fruits and vegetables.
- Operators must register with the Texas DSHS and obtain a food handler's permit.
- Products must be labeled with required information, including name, address, and statement indicating it's a cottage food product.
- Operators can sell products through online marketplaces, farmers' markets, roadside stands, and word-of-mouth sales.
Limitations and Restrictions
While the Texas Cottage Food Law provides opportunities for small-scale food entrepreneurs, there are limitations and restrictions to consider:
Gross annual sales are limited to $50,000 or less. Operators are also restricted from:
- Selling products that require refrigeration or have a high risk of contamination
- Using commercial kitchens or shared kitchen spaces
- Labeling products with misleading or false information
Conclusion
In conclusion, selling homemade goods legally in Texas requires compliance with the Cottage Food Law and regulations. By understanding eligible foods, registration and licensing requirements, labeling and packaging requirements, and sales and marketing restrictions, individuals can operate a successful and compliant cottage food business.
What types of foods can I sell under the Texas Cottage Food Law?
+You can sell Tier 1 foods, such as baked goods, candies, and fruits and vegetables, as well as Tier 2 foods, like jams, jellies, and preserves.
Do I need a food handler’s permit to operate a cottage food business?
+Yes, you must obtain a food handler’s permit from the Texas Department of State Health Services.
Can I sell my products online?
+Yes, but there are some restrictions. You can sell products through online marketplaces, but you must comply with local health department regulations.