Can I Sell Canned Jelly at Bazaars Without Food Handler Permit?
Q1. When did the law take upshot?
The original cottage food law went into effect on September ane, 2011. The law has been expanded twice; once in 2013, and again in 2019.
What kinds of foods can be sold?
Q2. What kinds of homemade food can I sell?
- Whatever food,excluding meat, that does NOT require Time or Temperature Control for Safety (NTCS).
- Baked appurtenances that do non require refrigeration (including staff of life, rolls, buns, biscuits, bagels, croissants, pastries, doughnuts, Danishes, cakes, tortes, pies, tarts, muffins, lemon squares, cookies, large pretzels, and tortillas.)
- Candy (including fudge, divinity, peanut brittle, toffee, chocolate, chocolate-dipped pretzels, chocolate-dipped Oreos, marshmallows, rice cereal treats, etc.)
- Coated and uncoated nuts
- Unroasted nut butters
- High acrid or acidified fruit butters *run into Q10 for more data
- Canned jams and jellies
- Fruit pies (including pecan pie, fruit cobblers, fruit crisps/crumbles, apple brown betty, cooked fruit tarts and tatins, etc)
- Dehydrated fruits and vegetables including dried beans
- Popcorn and popcorn snacks
- Cereal, including granola
- Dry mixes
- Vinegar
- Pickles
- Mustard
- Roasted java or dry tea
- Stale herbs or herb mixes
- Canned acidified institute-based foods with a pH of 4.half dozen or less*
- Fermented vegetables with a pH of four.half dozen or less*
- Pickled fruits or vegetables with a pH of 4.vi or less*
* More information on canning, pickling, and fermenting here.
Q3. What is a "Not Time or Temperature Controlled for Rubber" (NTCS) food?
NTCS foods are foods with a low h2o activeness and low pH level that inhibit the growth of unsafe pathogens or toxins. Basically, it means non-perishable foods; foods that you would not ordinarily keep in the refrigerator. 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 discover out how to comply with their requirements. You would not be able to sell those foods if they are made in your home kitchen.
Q4. What kinds of foods are NOT allowed as cottage foods?
No meat products and no foods that require refrigeration. Some specific examples of foods non allowed are: cheesecake, kombucha, kefir, any drink, hot meals, pizza, casseroles, tacos, beef jerky, tamales, flan, pumpkin pie, cream pies, meringue pies, ice cream, or popsicles.
Q5. How can I tell if the nutrient I desire to sell is allowed?
With some foods, the answer is obvious. Dried pasta does not require refrigeration, so it is allowed. A casserole would require refrigeration subsequently its preparation in order not to spoil, so information technology is not allowed. When y'all think of foods that y'all are immune to sell, call back of foods that you lot would usually store in your pantry, not your refrigerator or freezer. Sometimes the answer is non so articulate. The factors that determine whether a nutrient is TCS or NTCS are that nutrient's pH, aW (water activity), or a combination of these factors, as laid out in Texas statute. If y'all are non sure if your food is allowed, you can request a determination from DSHS. They may advise y'all to have your food tested in a lab for pH and aW. DSHS has published a listing of approved labs here.
Not every nutrient you go on in your pantry is allowed as a cottage food, but it is a good way to starting time thinking about what a NTCS food is!
Q6. Do I have to have my food tested in social club to sell it?
Mostly, no. Special requirements apply for canned, pickled, and fermented foods. Just if you lot are not sure if your food requires fourth dimension and temperature command for prophylactic, it is highly advised to have that nutrient tested. No ane wants to make a customer sick.
Q7. Does DSHS or a local health section accept to corroborate my recipes before I can sell my food?
No. DSHS has no potency to corroborate recipes except for canned, pickled, and fermented foods. Local health departments acceptno say-so at all to corroborate or disapprove recipes.
Q8. Why tin can't I sell homemade beef jerky? It doesn't require refrigeration to keep from spoiling.
The auction of meat products is federally regulated. No state can allow meat as a cottage food. When Maine tried to include meat in its "nutrient freedom" law, the USDA came down hard on the land, and Maine capitulated apace.
Q9. Why tin can't I sell kombucha or kefir? They're fermented, and ferments are at present immune, right?
The only fermented products allowed are fermented vegetables. Think sauerkraut and kimchi! Kombucha and kefir are definitely not cottage food products.
Q10. What kind of fruit butters can I sell?
Loftier-acid or acidified fruit butters like apple tree, apricot, grape, peach, plum, quince, and prune butters, as long as the pH is iv.6 or beneath.
Q11. What kind of fruit butters are non immune?
Low acid fruit butters like pumpkin butter, pear butter, or assistant butter, are non allowed as a cottage food. These butters carry much higher chance for serious foodborne disease.
Q12. Can I sell canned fruits and vegetables, or canned baby food?
Onlyacidified canned foods that are plant-based with a pH of 4.half dozen or less are allowed.Low acid canned foods like canned greenish beans or canned infant nutrient are non immune every bit cottage foods. Special rules apply to acidified canned foods, fermented vegetables, and pickled fruits or vegetables. Click here for more data.
Q13. Can I sell cheesecake, flan, tres leches cake, pumpkin pie, and lemon meringue pie?
Non as a cottage (home) food producer. All those items require refrigeration to go on from spoiling. They are "Time and Temperature Control for Safety" (TCS) foods. The Land of Texas doesn't accept anything against pumpkin pie – yous just have to make information technology in a commercial kitchen if you want to sell information technology.
Q14. But I've seen pumpkin pies out on tables at Walmart and HEB!
They comprise chemicals which brand them shelf-stable.
Q15. Can I sell homemade vanilla extract? Information technology doesn't require refrigeration to continue from spoiling.
Yes. Although it was previously regulated past TABC and required an "Industrial Permit" at a toll of $381 for a two-year permit, the 86th Legislature (2019) eliminated the Industrial Permit. Click here for more than information.
Q16. Can I sell homemade salsa, charcoal-broil sauce, hot sauce, or ketchup?
Yes, these could be canned cottage foods, assuming these are all plant-based foods that have a pH of 4.vi or less as outlined in the canning requirements. *Fresh salsa is non allowed.
Q17. Tin I sell fruit dipped in candy or chocolate? (Caramel apples, chocolate covered strawberries, etc.)
Yes. Per DSHS: "Whole, uncut fruit, dipped in chocolate or processed coated, is an commanded cottage foods production." Annotation carefully that the fruit must be whole and uncut. An apple tree with a stick in it is not allowed, because the apple has been punctured. This is a nutrient prophylactic issue, non just a technicality. Once the peel of a fruit has been punctured, bacteria can enter it. For caramel apples, consider leaving the apple whole and selling a package including the apple and the stick, so the client can stab the apple tree themselves.
Q18. Can I sell homemade elderberry syrup?
No. Elderberry "syrup" is actually, depending on the preparation method, a juice or tincture. Both require refrigeration and cannot be a cottage food. Additionally, be aware that land rules prohibit advertising cottage foods as having whatsoever wellness benefits. Cottage foods are conventional foods.
Q19. Is honey a cottage food?
Yes. Because honey does non crave time or temperature command for rubber, it tin be sold as a cottage food. Per the Subcontract and Ranch Freedom Alliance, other labeling regulations from the Texas Agronomics Code, Chapter 131, Subchapter E, apply.
Q20. Can my kids have a lemonade stand up under this law?
Lemonade (and all other beverages) are not cottage foods and may not exist sold every bit such. However, HB 234 passed in 2019 allows minors to sell lemonade and other non-alcoholic beverages on private belongings or in city parks.
Q21. Can I sell eggs from my chickens under the cottage food police force?
Eggs aren't a cottage nutrient, but under Texas Department of Agriculture (Egg Police force) and DSHS regulations, yard egg sales directly to consumers are allowed with a few weather. Read more from DSHS hither.
Q22. Can I make dog treats or pet nutrient under this law?
No. Animate being food is regulated by the Office of the Texas State Chemists, Texas Feed and Fertilizer Control Service. Here is a link to the rules in PDF format.
Q23. Can I sell cottage foods that include hemp or CBD?
Cottage food producers are not exempt from the rules regulating hemp and CBD products. Delight direct all your questions to DSHS. They have a very informative folio on this subject here: https://www.dshs.texas.gov/consumerprotection/hemp-program/default.aspx
Sales Locations and Commitment Methods
Q24: Where tin I sell my cottage food products?
Y'all can sell your fooddirectlyto the end consumer anywhere in Texas. This is a significant modify from the police force equally it existed from 2013-2019. 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. If a local ordinance says you can't gear up a tent by the side of the road in a particular city, then you must follow that law.
Q25. Can I sell my food to a java shop, retail bakery, grocery store, or any licensed food establishment or wholesaler for them to resell?
No. In that location are ii reasons. 1) The police force says you must sell your nutrient merely straight to the consumer, and that you may not sell wholesale. This means you may not sell it to a reseller. two) Restaurants and wholesalers are bound by the Texas Food Establishment Rules and/or Food Manufacturers Rules, which do non allow them to sell homemade food, which is considered food from an "unapproved source".
Q26. Tin I get out my cottage food in a shop for the shop to sell on my behalf, similar a consignment organisation?
No. The cottage food law is for direct sales merely – yous selling straight to the customer.You must exist present to sell your food.
Q27. Can I sell at a pop-up shop in a retail store?
Yes. Cottage food sales must exist direct to the consumer, soyou must be present selling the food. You lot cannot exit the nutrient there for the retailer to sell on your behalf. This would cantankerous the line into wholesaling.
Q28. Can I sell at a pop-up store inside a eating place with permission of the owner/director?
Probably non. Restaurants may non sell food from unapproved sources, which includes cottage foods. Cheque with your local health department.
Q29. Tin can I take employees? Tin can those employees sell on my behalf at a pop-up shop or market?
Aye. Any employee not directly supervised by y'all, (not including your household members) must as well obtain a nutrient handler's card.
Q30. Can I sell my food from a truck or trailer?
Yeah, as long as the food is made, packaged, and labeled in your habitation kitchen. Keep in mind that "mobile food units" (food trucks) are licensed through DSHS or local health departments in much the same way that restaurants are, and those regulations would likely not allow the sale of bootleg food from a licensed unit. Also be enlightened of local regulations; a urban center may take ordinances in place that preclude setting upwardly an unpermitted mobile trailer and selling from information technology. Cottage food sellers are not exempt from local ordinances.
Q31. Tin a city tell me I need a metropolis permit to sell in a certain location?
Yes. Although the law precludes local government regime, including health departments, from regulating the product of food at a cottage food production operation, if a local government has ageneralordinance — such as you take to get a permit to sellanyproduct at some location, that is still valid and applicative. A urban center cannot make a special ordinance or regulation that but applies to cottage food operations.
Q32. Tin can a farmer'south marketplace or other private event decline to allow me to participate, or impose additional rules for participation?
Yes. These events are privately owned and managed, and they may set up any rules or quality standards they wish.
Q33. Can a farmer'south marketplace charge me a fee?
Yes, berth fees are a normal cost of doing business at a farmer's market.
Q34. Can a city or canton refuse to allow me to sell at a city festival?
They tin't disallow your participation simply because you are a cottage food producer. If you are non allowed to participate in such an event, make sure to get the reason in writing. (Meet the last section of this document.)
Q35. Can I deliver?
Yes.
Q36. Does the constabulary require the customer to visit my home to pay for or pick up the food?
No. This was merely a role of the cottage food law from 2011-2013. Since 2013, the client is never required to come to your habitation. If you lot exercise not want the client coming to your dwelling, you can evangelize the food or meet the customer at a safe public meeting spot. Many police departments offering safety spaces for internet transactions such as craigslist purchases.
Q37. Can I sell my food on the cyberspace? 
Yous may sell your food on the net, in Texas, equally long as you personally deliver the food to your customer. All the data on yourlabels, except your home accost, must be provided to the customer BEFORE the customer pays for the food. You can brand this information bachelor to the customer by posting it on your spider web site, or any other method of communication.
Q38. Tin can I ship my cottage food products?
From FARFA: "The statute specifically provides that cottage food operators can deliver to their customers in full general. Thus, if the transaction is made in person (rather than through the net or by mail service order), it is reasonable to use delivery options such every bit shipping or hiring a driver. But if the transaction is fabricated remotely, the delivery must be in person, as discussed above."
Additionally, if the to a higher place conditions are met, be aware that homemade food can only be shipped within Texas. When a nutrient crosses land lines, the federal authorities (FDA) has authority over not merely the interstate ship, but the whole functioning that produced it. No cottage food law in the land allows interstate aircraft.
Packaging and Labeling Your Cottage Foods
Q39. Does my nutrient production have to be labeled?
Yes. Run across the labeling page for complete labeling information.
Q40. Does my food accept to take special packaging?
Your food must exist packaged in a fashion that prevents contamination. Large or bulky items like wedding cakes, or cupcake bouquets, are not required to exist packaged.
Q41. Does the label have to exist attached to the parcel?
Yes, except in the cases of unpackaged large or bulky items. In those cases, your invoice can incorporate the required labeling data.
Q42: Can I advertise the health benefits of my food, or make a health claim on the label?
Prior to 2020, the answer was no. As of 1/ane/2020, the rules state "Advertising media of cottage food products for health, illness, or other claims must be consequent with those claims allowed by the Lawmaking of Federal Regulations Title 21, Part 101, Subparts D and Due east." These rules are complex. Delight consult with an attorney and make certain you understand the rules completely if yous wish to advertise a health merits about your cottage food.
Sampling
Q43. Can I give out samples?
Any location that is Not a farmers market:
Aye, as long as your samples are packaged and labeled in your home 
kitchen. The wellness section cannot impose any fees, permits, or boosted restrictions on you as long equally your samples are packaged and labeled.
If you want to do open up sampling on-site, such as cutting a block and serving it on a plate at a bridal fair, this would crave a let from the health department, and they may crave you to make these samples in a commercial kitchen. The easiest way for a cottage nutrient producer to avoid permits, fees, and expensive commercial kitchen rental, is simply to package and label the samples in your home kitchen.
Hint: two-ounce dispensable containers with lids, shown in the instance photograph, concord a bite-sized amount of food and are extremely inexpensive. They are shown labeled with standard print-calm labels size 1″ x ii-5/8″ (Avery 5260). Don't like the idea of wasting and so much plastic? Consider paper orglassine.
At a farmers market:
Sampling at farmers markets is handled differently and is covered past a different law. Cottage nutrient producers are covered by this law so y'all practise not take to do the individual packaging and labeling at a farmers market place. Read FARFA's explanation of farmers market sampling.
Regulation of Cottage Food Operations
Q44. Do I have to take food handler'southward grooming if I operate under the cottage food law?
Yeah. In that location are many inexpensive courses that can be taken online. Your food handler's bill of fare is good for two years, and must be kept current as long as you are selling cottage foods.
Q45. Do I take to get a license from the Wellness Section?
No. The law specifically prohibits the local Health Department from regulating Cottage Food Operations.
Q46. Do I take to register with the local Health Department?
No.
Q47. Should I phone call my local Wellness Section before I brainstorm selling? You know, just to be sure it's ok?
It is not required or advised. They have no dominance or jurisdiction over you every bit long as you are following the rules of the cottage food police force.
Q48. Can someone call the Health Section and complain most me?
Yep, the Health Department is required to maintain a list of complaints. Customers have the option of calling their local Health Department to bank check your by complaints, or file a complaint themselves.
Q49. Will my kitchen exist inspected?
No. The law specifically prohibits the local Health Department from regulating Cottage Nutrient Operations.
Q50. What should I do if an inspector from the Health Department knocks on my door and wants to come into my kitchen?
They must have a warrant from a guess. Ask to come across it. If your Health Department or DSHS has reason to believe that your cottage nutrient functioning poses a serious and firsthand threat to human being life and wellness, they may get a warrant from a judge and enter your dwelling.
Q51. Can the Wellness Department shut me down?
Aye, if your operation poses a serious and firsthand threat to human life and wellness.
Q52. Tin can my metropolis tell me I can't operate due to zoning?
No. HB 970, the cottage nutrient constabulary passed in 2013 specifically prohibits a county or municipality from regulating a cottage food performance, or banning a cottage nutrient operation on the footing of zoning. However, your neighbor notwithstanding has the right to take action confronting y'all if your business becomes a nuisance. In this, and all other things, information technology is best not to irritate your neighbors.
Q53. Do I have to become a zoning permit or business license from my metropolis in gild to take a cottage food business?
No. The constabulary prohibits cities and municipalities from regulating your product of food in whatever manner.
Q54. Do HOA restrictions use to my cottage food performance?
Yeah. More often than not, your HOA is more preoccupied with the outside appearance of your domicile rather than what is taking place inside. Hopefully they would not selectively enforce restrictions on cottage food operators, while allowing Avon, Pampered Chef, day cares, and all other manners of dwelling businesses to operate in peace. Consider keeping a depression profile if you lot have an overzealous HOA.
Q55. Can I have pets in my home?
Yep, simply for goodness sake, please go on them out of your kitchen.
Q56. Tin I advertise?
Yep, advertizing is not restricted in whatsoever way. Merely signage in your front yard may violate city ordinances or HOA rules.
General Business organization Questions
Q57. Do I have to carry liability insurance if I am operating nether the cottage food law?
No, only it is highly recommended, not merely to protect your personal assets, but your customers, in case something goes wrong. Some nuptials venues require proof of liability insurance from all food vendors, and then if yous programme on doing weddings, it is well worth the investment. Here are some reliable sources for insurance.
Q58. Do I have to go a sales & apply let and charge sales taxation?
In Texas, most nutrient items are not subject to sales taxation. However, some food items like candy and snacks are taxable. The best thing to do is contact the Comptroller directly to ask if you lot need a permit, and whether your product is taxable.
Q59. Do I take to get a DBA or fix an LLC, or something like that?
Consult with a tax professional or business organisation attorney to determine the all-time fashion to set up your business, whether it exist a Sole Proprietorship, LLC, or another business concern entity.
Q60. Do I have to claim my income and pay taxes on information technology?
Yes. The $50,000 income cap is unrelated to federal taxes. Consult with a revenue enhancement professional.
Q61. I got a detect from my county that I accept to send them a list of my business organisation avails and equipment so that the canton can tax me on them. Is this legal?
Yeah, it is called the rendition revenue enhancement. It is not enforced in every county, and information technology is not enforced on every business concern, only it is definitely a real and legal tax. Here is a document for Harris County that explains what the rendition tax is. Although the document is published past Harris County, the rendition taxation applies in all 254 Texas counties. For information nearly your county, search <county name> and <rendition tax> in your browser.
Bake Sales and Donations
Q62. Does the cottage food law cover bake sales for my church building/school/non-profit group?
Not exactly. Non-profit or religious bake sales where only not-TCS foods are sold are exempt from licensing in jurisdictions covered past DSHS. Habitation-rule cities are allowed to ready stricter standards, so if you live in a metropolis or municipality, contact your local wellness department for their rules.
Q63. Can I donate my food for a fundraiser? (Bake sale, silent sale, etc.)
Probably not in your chapters as a cottage food producer, unless yous are there personally selling the food. Contact your local health section for their rules. You may be able to donate nutrient as an individual rather than a cottage nutrient business concern, if the fundraiser is exempt from licensing.
Q64. Tin can I concur a bake auction at my dwelling?
Yes. All food must exist packaged and labeled per the rules of the cottage food law.
Beyond Cottage Foods
Q65. What happens if I don't follow the rules? What is the punishment?
Think of the rules like an umbrella. Every bit long every bit yous're following the rules, you lot are covered, and you can't be regulated or inspected by a local Wellness Department. If you're not following the rules (for instance, selling cheesecakes or shipping your cookies all over the country), yous lose your umbrella. Yous would and so be an illegal food institution, field of study to inspections and fines. The rules bind you, but they also protect yous.
Q66. I only discovered another cottage food operator who is non following the rules. This makes me really mad. What should I practice?
Consider three options: i) Try to educate that person nearly the constabulary. They may exist unaware of the cottage food police force, and eager to know how to comply. Or, there is at to the lowest degree an equal take a chance that the person doesn't intendance and won't appreciate your input.2) Ignore them and focus on your own business organization. Y'all are the only person you tin control. Or, in extreme cases,3) File a complaint with the health department if they pose a wellness or safety chance to the public.
Q67. Can I put a kitchen in a split up building on my 
property and utilise that for my cottage nutrient concern?
No, the law says your cottage food operation must be operated out of yourprincipal residence. If you are in a position to build a separate kitchen, you are meliorate served to contact your local Health Department and find out the requirements to get the kitchen commercially licensed, so that you would exist able to operate free of the cottage food restrictions.
Q68. Can I put commercial appliances in my home?
No, the law applies only to people cooking in their own homes with appliances meant for common residential usage.
Q69. I am devastated that I can't have a homemade cheesecake/hot meal/shaved ice/pizza/tamale/cookie-shipping business. What should I do?
I know information technology's very disappointing. Just in that location are legitimate food safety concerns (and sometimes federal police implications) with these types of foods. And yous CAN have this type of business – you only need to piece of work with your local health section and employ a commercial kitchen to produce the nutrient. Many metro areas have commercial kitchens for hourly hire for this limited purpose.
Questions or Problems?
Q70. What if I am denied my rights under the police force?
Impress the law or send a link to the person you have been communicating with. If necessary, escalate the upshot to your City Council and your City Attorney. Be sure to go documentation of all conversations in writing. In extreme cases, you may need to obtain legal representation.
Q71. Who should I call if I have more questions?
Hire an attorney or consult with your local wellness department or DSHS if you accept more than questions nigh this law. The information on this page is not legal advice.
Too, consider joining the Farm and Ranch Liberty Brotherhood. Memberships first as low every bit $35, and one time you are a member, you belong to an organization that can provide support if you lot run into bug with your local health department, or you suspect they are overstepping the boundaries of the law.
Source: https://texascottagefoodlaw.com/faq/
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