There are many individuals that enjoy baking and canning and effective September 1, 2011, these individuals are allowed to produce and sell their products under the Texas Legislature Cottage Food Law. It is important to understand the do’s and don’ts of a Cottage Food Production Operation. So first, let’s define a Cottage Food Production Operation. It is an individual, who operates out of the individual’s home, who produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the person’s home that has an annual gross income of $50,000 or less from the sale of the food described above; and sells foods produced (baked good, canned jam or jelly, or a dried herb or herb mix) only directly to consumers from the cottage food production location.
A cottage food production operation is not a food service establishment and therefore is not regulated or inspected by the Department of State Health Services. You do not need a permit or license from the Texas Department of State Health Services to operate a cottage food production operation. However, you do need to contact the local health department for their requirements in reference to cottage food production operations.
Let’s discuss, in more detail, what is and what is not allowed to be prepared/sold in a cottage food production. First, what is allowed? The following are examples of non-potentially hazardous foods that may be prepared and sold at a cottage food production operation:
- Breads, rolls, biscuits
- Sweet breads, muffins
- Cakes (birthday, wedding, anniversary, etc.)
- Pastries, cookies, fruit pies
- Jams and jellies
- Dry herbs and dried herb mixtures
Now, what is not allowed? The following foods are examples of food that cannot be produced by a cottage food production operation:
- Fresh or dried meat or meat products including jerky
- Canned fruits, vegetables, vegetable butters, salsas, etc.
- Kolaches with meat
- Fish or shellfish products
- Canned pickled products such as corn relish, pickles, sauerkraut
- Raw seed sprouts
- Bakery goods which require any type of refrigeration such as cream, custard or meringue pies and cakes or pastries with cream cheese icings or fillings
- Milk and dairy products including hard, soft and cottage cheeses and yogurt
- Cut fresh fruits and/or vegetables or juices made from fresh fruits or vegetables
- Ice and/or ice products
- Barbeque sauces, ketchups and/or mustards
- Foccacia-style breads with vegetables and/or cheeses
- Candy that does not require baking, such as pralines
- Vinegar and infused oils and vinegars
- Dry baking mixes, dry dip mixes or dry soup mixes
- Dehydrated vegetables or fruits
- Popcorn or cotton candy
- Chocolate covered pretzels, marshmallows, graham crackers, Rice Krispies treats
- Coated or uncoated nuts
- Dried pasta
- Sauerkraut, pickles, relishes, salsas, sorghum
- Roasted coffee beans or ground roasted coffee
- Lemonade, juices, hot chocolate or similar beverages
Foods prepared by a cottage food production operation must be labeled. The label information shall include:
The name and physical address of the cottage food production operation and a statement: “food is not inspected by the department or a local health department.”
All cottage food products must be produced in a primary residence that contains a kitchen and appliances designed for common residential usage. Food produced by a cottage food production operation can only be sold at the individual’s home and not at farmer’s market, temporary events or via the internet.
For more information about Cottage Food Production Operations, please visit the Texas Department of State Health Services website at http://www.dshs.state.tx.us/foodestablishments/cfpo/.
