Texas Cottage Food Law

The Texas Cottage Food Law allows certain foods which do not require time-temperature controls for safety to be made at home and sold to the public as long as certain requirements are followed.  These non time-temperature controlled foods for safety (non-TCS) foods have low water activity levels  and low acidity, which can inhibit bacterial growth which can cause foodborne illness. Below are examples of foods that qualify as “cottage foods”: 

• Cakes and Cake Balls
• Cookies
• Breads and pastries - no custard or cream fillings
• Candy
• Coated/uncoated nuts
• Unroasted nut butters
• Canned jellies and jams
• Fruit Pies (including pecan)
• Popcorn
• Pickles
• Roasted coffee or dry tea

Important:  Foods that require refrigeration or hot/cold hold after cooking to prevent spoiling DO NOT qualify as “cottage foods” and must be prepared on site, as per the requirements of Temporary Food Establishments. 

If your organization or department are planning to have a “bake sale” or serve other homemade foods meeting the definition of a cottage food, then you still need to be a certified food handler, obtain a Temporary Food Establishment (TFE) permit to sell the items on campus, and you must follow the required packaging and labeling requirements outlined below.

• Individually package each food item to prevent from contamination. Each package must be labeled with the following:
• Organization name and contact address
• Common name of the product (ex: Chocolate chip cookies)
• List of major food allergens in food product
• Liability statement: “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.”

Here is a list of common homemade items which do NOT qualify as Cottage Foods:

• Fresh fruit dipped in candy or chocolate
• Cheesecake
• Salsa
• Kombucha
• Beef jerky
• Tamales
• Homemade vanilla extract
• Flan
• Pumpkin pie
• Cream & meringue pies

For a complete list, visit the Texas Cottage Food Law website.