In Texas it is currently illegal to sell any food that was made in a residential kitchen, even low-risk foods like cakes and cookies.  You cannot be licensed for a home bakery. 

A group of dedicated cake artists are trying to change that law. 

In the 2009 Legislative Session, Texas State Representative Dan Gattis filed a bill which would make it legal to sell non-potentially hazardous bakery items prepared in residential kitchens.  It was House Bill 3282. 

The bill, along with hundreds of others, died on the calendar at the stroke of midnight on Thursday 5/14/09. It was on page 17 of 25.  The legislature made it to page 8. 

Article in the Austin American Statesman about the bills that died because they were not read by the deadline.

Time ran out on the bill for this session, but this was just the beginning.  We will return next session even stronger, and we will not give up until Texas has a Cottage Food Law, so its citizens can proudly own a safe and legal home-based cake or cookie business, as can the citizens of 13 other states.

“If this is allowed to go through, you’re going back into the 1940’s where you have a common drinking cup.”

"Everybody’s going to come out of the woodwork, they see they’re going to make a buck, that’s just human nature.”

Patrick Buzbee, Director of the Montgomery County Health Department
Testifying against HB 3282