Cottage food rules
Texas Cottage Food Law in Harris County: What to Know
A clear path through the state rules and the county health department, so you know who to ask before you sell.
On this page
What to remember
- Texas law defines a cottage food production operation as an individual operating out of the individual’s home.
- The Texas Department of State Health Services publishes cottage food production information covering licensing, training materials, and food labeling.
- The DSHS Cottage Food Registration Guide links to the rules and laws that apply.
- By law, a food establishment must have a permit from Harris County Public Health to operate.
- Harris County Public Health protects residents from foodborne disease at any establishment or event that serves or sells food in unincorporated Harris County.
If you bake in your own kitchen in Houston, Katy, Spring, Cypress, or anywhere else in the county, the rules that matter to you come from two directions at once. Here is how to work through them in order, so nothing catches you out after you have already promised a cake. For the statewide picture first, read Texas cottage food law.
Start with the Texas rules
The Texas Department of State Health Services publishes cottage food production information covering licensing, training materials, and food labeling. That page is your starting point, because it tells you what the state expects from a home operation and points you toward the training and label details you will need. The department also publishes a Cottage Food Registration Guide with links to the applicable rules and laws for retail food establishments. Read the guide with a pen in hand and note the parts that mention your kitchen, your labels, and your registration.
Then check with Harris County Public Health
Harris County Public Health is the county side of the picture. By law, a food establishment must have a permit from Harris County Public Health to operate, and the Environmental Public Health Division of Harris County Public Health inspects and permits food establishments. The county also conducts routine inspections of permitted food establishments to help prevent foodborne illness and protect public health. The county rule is written for food establishments, so the practical question is how it applies to a home operation. Call Harris County Public Health and ask directly before you bake for sale.
Read the state cottage food page
Go to the Texas Department of State Health Services cottage food production information and read it top to bottom, including the licensing, training, and labeling sections.
Open the registration guide
Work through the DSHS Cottage Food Registration Guide and follow its links to the rules and laws for retail food establishments.
Call Harris County Public Health
Ask how the county permit rules apply to a home kitchen selling baked goods, and write down the answer.
Sort your labels
Use the DSHS labeling information to build a label you can print for every item you sell.
Keep your paperwork together
Store your notes, your labels, and anything the state or county sends you in one folder, on paper and on your phone.
Labels, records, and staying ready
Labels are where new home bakers get caught, because a label you wrote from memory is rarely the label the state asks for. The DSHS cottage food production information covers food labeling, so build your label from that rather than from a template you found online. Keep a copy of every label you use, along with the dates you started using it. If your operation ends up permitted by the county, routine inspections of permitted food establishments are part of normal business, so tidy records make that visit short and calm. Our walkthrough on how to research your state’s cottage food laws helps you keep track of which office told you what.
One more thing worth knowing before you compare Texas with anywhere else: rules differ a lot from state to state, and the states with the friendliest rules for home bakers are not always the ones people assume. Our roundup of states with the best cottage food laws shows how much the details vary.
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Before you take your first order
Line up three things and you are in good shape: the state rules read and understood, a straight answer from Harris County Public Health about your kitchen, and a label you can print. Then you can focus on the baking, which is the part you actually enjoy. If you want a simple way to take orders and get paid without giving up a slice of every sale, Brevl keeps it to one flat $20 a month with 0% commission, works on your phone and on a computer, and a real person answers, usually within minutes.
Common questions
Do I need a permit from Harris County Public Health to sell bakes from my home?
By law, a food establishment must have a permit from Harris County Public Health to operate, and the Environmental Public Health Division inspects and permits food establishments. The county rule is written for food establishments, so call Harris County Public Health and ask how it applies to your home kitchen before you sell.
What counts as a cottage food production operation in Texas?
Texas law defines a cottage food production operation as an individual operating out of the individual's home.
Where do I find the Texas cottage food rules?
Start with the Texas Department of State Health Services cottage food production information, which covers licensing, training materials, and food labeling. Then use the DSHS Cottage Food Registration Guide, which links to the applicable rules and laws for retail food establishments.
Does the state tell me what goes on my label?
Yes. The Texas Department of State Health Services cottage food production information covers food labeling, so build your label from that source rather than from a template you found elsewhere.
Will my kitchen be inspected?
Harris County Public Health conducts routine inspections of permitted food establishments to help prevent foodborne illness and protect public health. Whether that applies to your operation depends on the answer you get from the county, so ask them directly.
Sources
- Texas Cottage Food Production, Texas Department of State Health Services
- Cottage Food Registration Guide, Texas DSHS
- Texas Senate Bill 541, 89th Legislature
- Food Safety Program, Harris County Public Health
- Food Permits, Harris County Public Health
- Environmental Public Health Division, Harris County Public Health
- Food Safety at Home and Out, Harris County Public Health
General information only, not legal advice. Rules change, and the answer for your kitchen depends on your setup. Confirm with the Texas Department of State Health Services and Harris County Public Health before you sell.