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FAQ's about cottage food operations from the Texas Department of State Health Services.

http://www.dshs.state.tx.us/foodestablishments/cottagefood/

Please note DSHS is making a false statement of the law with the 6th item from the bottom:

"Do I need a permit or license for my cottage food production operation?
No. You do not need a permit or license from the Texas Department of State Health Services to operate a cottage food production operation. However, you will need to contact the local health department for their requirements in reference to cottage food production operations."


The statute is perfectly clear on this point - local health departments MAY NOT REGULATE a cottage food operation.  You do NOT need to contact them because by law they may not have "requirements" for cottage food production operations.

Sec. 437.0192. REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS BY LOCAL HEALTH DEPARTMENT PROHIBITED; COMPLAINTS. (a) A local health department may not regulate the production of food at a cottage food production operation.