Texas Cottage Food Laws Explained: What Lubbock Bakers and Home Cooks Need to Know

[NOTE: Cottage Laws will change after September this year, stay tuned for updates!]

If you follow any Lubbock food groups on Facebook, you've likely seen many home bakers and home cooks selling cakes and plates. Or you may have even considered starting a food side hustle for yourself.

But is it legal? Is it safe? Let's look at "Texas Cottage Food" laws for guidance.

What Are Texas Cottage Food Laws?

Texas Cottage Food laws allow for certain food production to be exempt from the requirements of a food service establishment. In other words, it's far fewer hoops than a restaurant or even a food truck.

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A cottage food operation is defined by the Texas Department of Health and Human Services as "an individual, operating out of the individual’s home," who produces one of the allowed categories of food for sale.

The producer cannot make over $50,000 a year producing the food, must sell directly to the customer, and must deliver the food to the point of sale or another location designated by the consumer (i.e., delivery).

Foods You Can Sell Under Texas Cottage Food Laws

TCS stands for "temperature-control for safety," meaning a food that cannot remain safe to eat unrefrigerated/ heated. 

• A baked good that is not a time and temperature control for safety food (TCS food)
• Candy
• Coated and uncoated nuts
• Unroasted nut butters
• Fruit butters
• A canned jam or jelly
• A fruit pie
• Dehydrated fruit or vegetables, including dried beans (and also this wall of dried pickles!)

• Popcorn and popcorn snacks
• Cereal, including granola
• Dry mix
• Vinegar
• Pickled fruit or vegetables, including beets and carrots, that are preserved in vinegar, brine, or a similar solution at an equilibrium pH value of 4.6 or less
• Mustard
• Roasted coffee or dry tea
• A dried herb or dried herb mix
• Plant-based acidified canned goods
• Fermented vegetable products, including products that are refrigerated to preserve quality
• Frozen raw and uncut fruit or vegetables
• Any other food that is not a TCS food.

Foods That Are Not Allowed Under Cottage Food Regulations

Beef Jerky. I know it seems like you should be able to since it doesn't require refrigeration, but meats are excluded from Cottage Law.

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Eggs are not included in Cottage Law either, but backyard egg sales are allowed under a few conditions, thanks to Egg Law (great name). You can find out more here.

Plates of food for a fundraiser. Not allowed. I'm not tattling, but you can get in trouble.

Tamales. Again, not allowed, but I may or may not be interested in purchasing them anyway.

Even with permitted food, the State may intervene if there is a significant risk to human health or a customer complaint.

Labeling and Packaging Rules for Texas Cottage Foods

All foods must be properly labeled with the home's address, common allergens, and a disclaimer stating that the food was prepared in a home kitchen. There is a great example page on proper labelling here.

If you have any other questions about Texas Cottage Laws, there is a fabulously informative page about them. Head here.