Q1. When did the law take effect?
Answer: September 1, 2011

Q2. What kinds of food can I sell from home?
Answer: Non-potentially hazardous baked items like cake, cookies, brownies; fruit pies, breads, jams, jellies, and dry herbs or herb mixes.

Q3. What is a non-potentially hazardous baked item?
Answer: Non-potentially hazardous foods are foods with a low water content and high acid level that inhibits the growth of dangerous micro organisms.  Basically is means non-perishable foods; foods that you would not normally keep in the refrigerator.  Foods that are perishable, such as cheesecakes, or custard fillings, or meringue pies, are not covered in the law.  To sell foods that require refrigeration, you must get a license, use a commercial kitchen and take food handler's training.  This paper explains what a non-potentially hazardous baked item is (in mostly lay terms).

Q4. Do I have to get a license?
Answer: No.

Q5. Will my kitchen be inspected?
Answer: No, the law specifically prohibits the local Health Department from regulating Cottage Food Operations.  In fact, if the Health Department were to come to your home, they would need a warrant to enter legally (assuming you are following the rules of SB 81.  See Q17 for more info).

Q6. Do I have to register with the local Health Department?
Answer: No way! The law specifically prohibits the local Health Department from regulating Cottage Food Operations.  

Q7. What should I do if an inspector from the Health Department knocks on my door and wants to come into my kitchen?
Answer: Ask to see their warrant or tell them to come back with a warrant.  Under the Texas Cottage Food Law they are prohibited from regulating Cottage Food Operations.

Q8. Do I have to take food handler's training if I operate under the new cottage food law?
Answer: No, but it is highly recommended in order for you to protect yourself and your customers.  There are many inexpensive courses that can be taken online.

Q9. Do I have to carry liability insurance if I am operating under the cottage food law?
Answer: No, but it is highly recommended, not only to protect your personal assets, but your customers, in case something goes wrong.  Some wedding venues require proof of liability insurance from all food vendors, so if you plan on doing weddings, it is well worth the investment.  Here is one source for home bakery insurance.

Q10. Can I have pets in my home?
Answer: Yes, but for goodness sake, please keep them out of your kitchen.

Q11. Can I sell fudge and pralines?
Answer: No, candy is not on the list of allowed foods.

Q12. Can I do bridal shows?
Answer: Yes, but you will probably need to get a temporary food license and use a commercial kitchen if you want to give out samples at the show.  Check with the show director and your local Health Department to find out their policies.

Q13. Can I deliver?
Answer: The letter of law says that the food must be for sale at your home.  If you need to deliver a wedding cake or other item, be sure that the bride or customer comes to your home and completes the actual purchase of the item at your home.  This can be prior to the event date.  The customer could also mail a check to your home, this allows the purchase to have taken place at your home.

Q14. Can I advertise?
Answer: Yes.

Q15. Does this new law cover bake sales for my church/school/non-profit group?
Answer: No, the new law only covers FOR profit operators.  Non-profit bake sales are still regulated by your local Health Department, which may or may not allow homemade food to be sold to the public.  Each county's department has different rules for how these may be conducted, so check with them before organizing your bake sale.

Q16. It says no internet sales!  Does this mean I can't have a web site?
Answer: No, that's not what it means.  You CAN have a web site, Facebook page, Twitter, etc.  You can use whatever method of promoting your business that you want to.  You simply can't allow the purchase to take place over the internet, such as setting up a shopping cart and letting customers "click and buy".  This ensures that the spirit of the bill is upheld: local, face-to-face sales, where the customer knows the person who made their food.

Q17. What happens if I don't follow the rules of SB 81?  What is the penalty?
Answer: Think of the rules of SB 81 like an umbrella.  As long as you're following the rules, you are covered, and you can't be regulated or inspected by a local Health Department.  If you're not following the rules (for instance, selling cheesecakes), you lose your umbrella.  You would then be an illegal food establishment, subject to inspections and fines.  Read the 3rd item from the bottom on this page.  The rules bind you, but they also protect you. 

Q18. Can I sell at Farmer's Markets?
Answer: No, thanks to the Harris County amendments, you are not able to sell at Farmer's Markets.  Sales must take place at your home.

Q19. Harris County?  What?
Answer: Yes, Harris County used taxpayer money to hire a lobbyist to fight not only the cottage foods law, but the raw milk and farmer's markets bills during the 82nd legislative session.  When it was obvious that Representative Kolkhorst intended to pass the cottage food bill, they told her she had to accept their amendments or they would kill the bill on the floor. Scroll down to May 30 entry here.

Q20. Bummer!  I am a chocolatier/candy maker, and I wanted to sell at Farmer's Markets.  What can I do to get the law amended?
Answer: Please check out the Farm and Ranch Freedom Alliance, who were instrumental in getting our 2011 Cottage Food Law passed.  They will be working on expanding the Cottage Food Law in 2013.  Please join and consider donating to this very important non-profit organization that is working to protect not only the rights of farmers, but the rights of consumers to buy and sell local food.

Q21. I have more questions.  Lots more questions. Can I email you every single one of them?
Answer: Please don't.  Consult an attorney if you have more questions about this law.  The law is actually very short and very straight forward, and if it's not in the letter of the law, it does not apply.  Additionally, the advice on this page is not in any way legal advice, it is simply one person's interpretation of reading the letter of the law.  If you have any doubts or questions about the law, it is your responsibility to contact an attorney.  We do not assume responsibility for the way you run your business.  Use common sense and consult an attorney if necessary.