San Antonio Cottage Food Laws: Local & State Requirements

Texas State Cottage Food Exemptions

Texas allows certain non-potentially hazardous foods to be prepared in home kitchens without a commercial license, governed by Texas Administrative Code § 228.1. Approved foods include jams, jellies, dry goods, baked items, and certain candy—but NOT foods requiring refrigeration, canning, or acidification. Foods must be labeled with ingredient lists, allergen warnings, and "Prepared in a Home Kitchen" notices. Texas does not permit home production of meat, dairy, or seafood products; these require USDA or state inspection. The Texas Department of State Health Services (DSHS) maintains the official Homestead Food Operation list that determines eligibility.

San Antonio & Bexar County Local Rules

San Antonio's Metropolitan Health District enforces health code stricter than state minimums in some cases. Home food businesses must register with the health district even if exempt from licensing; failure to register can result in $100–$500 fines. Bexar County requires that products sold at farmers markets, online, or directly to consumers include seller identification and contact information. Some neighborhoods have zoning restrictions prohibiting food production in residential areas—check with the City of San Antonio Planning Department before setup. Products cannot be sold through retail stores (only direct-to-consumer sales are permitted under the exemption).

Federal FDA vs. Texas State Standards

Federal FDA regulations (under 21 CFR Part 117) are generally more stringent than Texas exemptions; the federal rule emphasizes foods that don't support pathogen growth (low-moisture, acidic, or shelf-stable items). Texas state exemptions are deliberately broader, allowing certain foods federally prohibited in other states. If a San Antonio product crosses state lines, federal standards automatically apply—triggering FDA compliance requirements regardless of Texas exemptions. San Antonio businesses selling only within Texas can rely on state exemptions, but interstate sales require Commercial Kitchen Operator licenses and FDA food facility registration. Panko Alerts tracks FDA import alerts and recall notices affecting Texas suppliers.

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