Cottage food rules
Cottage Food Laws in Houston: What Home Bakers Can Sell
What Houston and Harris County actually ask of a home baker, in plain words.
On this page
What to remember
- No county permit in Harris County, but zoning and health rules still apply.
- Cottage food sales in Harris County are capped at $150,000.
- Texas does not require a permit or license for most homemade foods, but you register with the Department of State Health Services.
- Labeling and production rules come from 25 Tex. Admin. Code 229.661.
- The Houston Health Department points cottage food vendors to state guidance that explains the permit exemptions.
What the Texas cottage food law covers
The Texas cottage food statute as passed by the legislature is contained largely in Chapter 437 of the Texas Health and Safety Code. The rules that carry it out sit in 25 Tex. Admin. Code 229.661, which implements Chapter 437 for cottage food production operations and requires the department to adopt rules for labeling and production. In plain terms, the state tells you what has to be on your label and how your kitchen has to run.
Texas does not require a permit or license to sell most homemade foods from your own kitchen, but you do register with the Department of State Health Services. The DSHS cottage food production page is where the licensing information, training materials, and food labeling guidance sit. Read it before you print a single label or take a single order.
What Houston and Harris County add
The Houston Health Department sends vendors who operate under the Texas Cottage Food Production program to cottage food guidance documents that explain the permit exemptions. That is the page to open when you want to see, in the city’s own words, why a home baker is not standing in line for a temporary food permit.
The city is also changing how it handles food fees. As part of Senate Bill 1008, the Houston Health Department is aligning local food safety regulations and permit fees with those set by the Texas Department of State Health Services. Worth a look at the city permits page when you renew anything.
Harris County keeps it simple: cottage food operations are not required to hold a county permit. Two things still apply. Home bakers must clear local zoning and health rules, and sales are capped at $150,000. For a county level look at how Texas works, see Cottage Food Laws in Bexar County, Texas.
Labels and the words on them
Labeling is where most home bakers get caught, because the rules are specific and they are not the same in every state. The state rules in 25 Tex. Admin. Code 229.661 cover both labeling and production, and the DSHS page carries the labeling guidance to follow. Our guide to cottage food law wording shows what to copy and what to check before you commit to a label design.
If you sell somewhere else in Texas too, our guide to cottage food laws in Dallas walks through how another Texas city handles the same state rules.
Before your first sale in Houston
Read the state rules first
Start with the Texas DSHS cottage food production page for licensing information, training materials, and food labeling.
Read the Houston guidance
The Houston Health Department sends cottage food vendors to guidance documents that explain the permit exemptions. Read them so you know exactly what you are exempt from.
Check your zoning
Harris County does not require a county permit for cottage food operations, but home bakers must still clear local zoning and health rules. One call to the city or county now saves a headache later.
Label every item
The state rules in 25 Tex. Admin. Code 229.661 cover labeling and production. Get your label right before your first order, not after.
Keep a running sales tally
Cottage food sales in Harris County are capped at $150,000. Track what you sell through the year so you are never guessing.
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Common questions
Do I need a permit to sell cakes from my kitchen in Houston?
Texas does not require a permit or license to sell most homemade foods from your own kitchen, but you register with the Department of State Health Services. The Houston Health Department points cottage food vendors to guidance documents that explain the permit exemptions.
Do I need a Harris County permit?
No. Cottage food operations in Harris County are not required to hold a county permit, but home bakers must still clear local zoning and health rules.
Is there a sales limit?
Yes. Cottage food sales in Harris County are capped at $150,000.
Where do the labeling rules come from?
25 Tex. Admin. Code 229.661 implements Chapter 437 of the Texas Health and Safety Code for cottage food production operations and requires the department to adopt rules for labeling and production. The DSHS cottage food production page carries the labeling guidance.
What is changing in Houston right now?
As part of Senate Bill 1008, the Houston Health Department is aligning local food safety regulations and permit fees with those set by the Texas Department of State Health Services.
Sources
This is general information about the Texas cottage food law and Houston area rules as published, not legal advice. Rules change. Confirm with the Texas Department of State Health Services and the Houston Health Department before you sell.