Cottage Food Laws & Requirements in Houston, Texas

Texas Cottage Food Exemptions & What's Allowed

Texas allows certain non-potentially hazardous foods to be prepared in home kitchens under the state's cottage food exemption, established by the Texas Department of State Health Services (DSHS). Permitted items include dry goods like jams, jellies, dried herbs, granola, and certain baked goods without potentially hazardous fillings. Foods that require refrigeration—such as prepared meals, sauces with meat, or foods containing dairy or eggs—are not allowed under the exemption. Texas does not require a license or permit for qualifying cottage foods, but products must be labeled with the producer's name, address, and a statement like "Made in a Home Kitchen."

Houston Local Health Department Requirements

The Houston Health Department enforces additional local rules that may be stricter than state exemptions. Home-based food businesses must comply with Harris County and City of Houston ordinances, which require inspection of home kitchens and approval before operation begins. Even for exempt foods, the Houston Health Department may require documentation of your process and ingredients to confirm compliance with food safety standards. Local inspectors verify that your home kitchen meets sanitation requirements, including proper handwashing stations, pest control, and separation of personal and food preparation areas. Non-compliant operations can face citations, cease-and-desist orders, or product seizure.

How Federal FDA Standards Differ from Texas Exemptions

Federal FDA regulations under 21 CFR Part 117 (FSMA) do not recognize state-level cottage food exemptions for interstate commerce—if you sell across state lines, federal rules apply and your home kitchen must meet commercial facility standards. Texas exemptions apply only to intrastate sales within Texas. The FDA's threshold for commercial kitchen requirements is significantly more stringent: foods prepared in home kitchens cannot be sold federally unless the facility is licensed and inspected as a commercial food establishment. Panko Alerts tracks FDA enforcement notices and state-level regulatory changes so you stay compliant as rules evolve in 2026.

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