Texas Cottage Food Law

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Bakery products are considered low-risk for spoilage because they are not able to support the growth of potentially harmful organisms and do not require refrigeration.  These foods are known as non-potentially hazardous. (Read an article explaining the difference between potentially hazardous and non-potentially hazardous desserts.)

14 other states have Cottage Food laws.

These states generally report very few, if any, complaints or incidences of food-borne illness originating from non-potentially hazardous foods prepared in residential kitchens.

States currently considering Cottage Food Laws:

Read New Jersey's proposed law here (introduced June 11, 2009).

Read Maryland's proposed law here (introduced 2/10/09).  This bill would permit home bakers to sell non-potentially hazardous baked goods without a license.  Bill died in committee 3/25/09.

Read Michigan's proposed law here.

Oklahoma State Representative Eric Proctor will be introducing a cottage food bill there in December, 2010.

States with existing Cottage Food Laws:

  Iowa

  Maine

  Massachusetts

  New Hampshire

  New Mexico

  North Carolina

  Ohio (Ohio Cottage Foods Statute)

  Oregon

  Pennsylvania

  Tennessee

  Utah

  Vermont 

  Virginia

  Wyoming

States that allow home baking for the purpose of selling at a Farmer's Market

  Alabama

  Indiana