Cottage food rules
Cottage Food Law Texas: Selling Coffee From Home
What the Texas cottage food rules allow you to sell, and where the line sits for coffee.
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What to remember
- Whole bean and ground coffee are allowed, with the labeling and storage rules followed.
- Brewed or ready to drink coffee is not a cottage food item in Texas.
- You sell direct to the customer at the point of sale or another designated location.
- Your home kitchen is exempt from the food service establishment rules.
Coffee is one of the questions home bakers ask about most, because it sits right on the edge of what the rules cover. The short version is that the bean is fine and the cup is not. This guide walks through what the Texas cottage food law says about coffee, where you can sell it, and what has to be on the bag. If you are new to all of this, start with Cottage Food Law Texas: What Home Bakers Need to Know before you read further.
What you can sell, and what you cannot
The Texas cottage food rules allow you to roast and sell whole bean coffee or ground coffee, provided you meet all of the provisions of the Cottage Food amendments, including labeling and storage requirements. That means the bag itself carries weight here. The rules are not just about the coffee, they are about how it is labeled and how it is stored before it reaches your customer.
Beverages are where the line sits. Brewed or ready to drink coffee cannot be sold as a cottage food item, because beverages are not allowed under the Texas cottage food law. So a bag of beans with your name on it is a different thing, under the rules, than a cup poured at a market table.
Where you can sell your coffee
Foods sold under the Texas Cottage Food Law can be sold almost anywhere, as long as the product is sold directly and delivered to the consumer at the point of sale or another designated location. That is a wide door. The key word is directly, and the delivery has to happen at the sale or at a place you have both agreed on.
There is also some relief in the law itself. A Texas 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. The Texas Cottage Food Law enables individuals to produce, sell, and distribute a variety of low risk food items from their residential kitchens, subject to certain regulatory requirements, and coffee that fits the amendments is one of them.
Selling to a shop or a store
This is where home sellers get caught out. The Texas cottage food law FAQ addresses selling foods to a coffee shop, retail bakery, grocery store, or licensed food establishment or wholesaler for resale, and requires DSHS registration to sell foods that require time or temperature control. If a cafe wants to put your beans on its shelf, that is a resale conversation, not a cottage food one.
The same rules apply on the store side. A retail store acting as a cottage food vendor must register with the Texas Department of State Health Services, and that registration is mandatory for any third party selling cottage foods. Cottage food vendors also cannot sell perishable or refrigerated foods, the ones that need time or temperature control, through a retail store. Those items can only be sold directly to customers.
Labels and storage, done properly
Labeling and storage are named in the rules for a reason, so treat the bag as part of the product. Our guide to cottage food law label requirements covers what belongs on a cottage food label, and the cottage food law label template gives you a shape to work from. Get the label right once and every bag after that is a copy.
Storage matters just as much. Keep your roasted coffee stored properly between roast day and the day it reaches your customer, and keep your records tidy enough that you can answer a question about a batch without guessing.
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Once the rules are clear, the next question is usually money. Work out what a bag actually costs you, roasting, bag, and label included, before you set a price you have to live with at every market.
Common questions
Can I sell coffee from my home kitchen in Texas?
Yes, if it is whole bean or ground coffee. The Texas cottage food rules allow you to roast and sell whole bean coffee or ground coffee as long as you meet all of the provisions of the Cottage Food amendments, including labeling and storage requirements.
Can I sell brewed coffee at a farmers market?
No. Beverages are not allowed under the Texas cottage food law, so brewed or ready to drink coffee cannot be sold as a cottage food item.
Can a coffee shop buy my beans to resell?
The Texas cottage food law FAQ addresses selling foods to a coffee shop, retail bakery, grocery store, or licensed food establishment or wholesaler for resale, and requires DSHS registration to sell foods that require time or temperature control. Check where you stand before you agree.
Do I need a food service permit for my home kitchen?
A Texas 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.
Where am I allowed to sell my coffee?
Foods sold under the Texas Cottage Food Law can be sold almost anywhere, as long as the product is sold directly and delivered to the consumer at the point of sale or another designated location.
Sources
This is general information about the Texas cottage food rules, not legal advice. Rules change, so confirm the current requirements with the Texas Department of State Health Services or your local health department before you sell.