Cottage Food Laws in Texas

visit texascottagefoodlaw.com

Thought some of you might want to know where we stand, in Texas, on the Cottage Food Law issue.

Cottage Food Production Operations (up to date)

New Rules - §229.661. Cottage Food Production Operations

During the 82nd Legislature, Regular Session 2011, the Texas Legislature enacted Senate Bill 81 that amends the Health and Safety Code (HSC), Chapter 437, by adding provisions for cottage food production operations. This law is effective September 1, 2011.

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. Health departments are required to maintain records of all complaints against a cottage food production operation.

A cottage food production operation is defined as an individual, operating 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; has an annual gross income of $50,000 or less from the sale of the described foods; and sells the foods only directly to consumers. A cottage food product does not include any food that is potentially hazardous that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

A potentially hazardous food (PHF) is a food that requires time and temperature control for safety (TCS) to limit pathogen growth or toxin production. In other words, a food must be held under proper temperature controls, such as refrigeration to prevent the growth of bacteria that may cause human illness. A PHF/TCS is a food that: contains protein, moisture (water activity greater than 0.85), and is neutral to slightly acidic (pH between 4.6 -7.5).

Food produced by a cottage food production operation must be labeled. The label must include the name and address of the cottage food production operation, common or usual name of the product, if a food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk or wheat that ingredient must be listed on the label, and a statement: “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department." The labels must be legible.

Food produced by a cottage food production operation may not be sold via the Internet.The Department of State Health Services adopted a new rule concerning cottage food production operations. The new rule, Title 25 of the Texas Administrative Code, Section 229.661, became effective on July 22, 2012.  

Last updated August 14, 2012 

To read the bill yourself, click the link below:
http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB00081F.htm