[NOTE: Cottage Laws will change after September this year, stay tuned for updates!]
If you follow any Lubbock food groups on Facebook, you've likely seen many home bakers and home cooks selling cakes and plates. Or you may have even considered starting a food side hustle for yourself.
But is it legal? Is it safe? Let's look at "Texas Cottage Food" laws for guidance.
Texas Cottage Food laws allow for certain food production to be exempt from the requirements of a food service establishment. In other words, it's far fewer hoops than a restaurant or even a food truck.
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A cottage food operation is defined by the Texas Department of Health and Human Services as "an individual, operating out of the individual's home," who produces one of the allowed categories of food for sale.
The producer cannot make over $50,000 a year producing the food, must sell directly to the customer, and must deliver the food to the point of sale or another location designated by the consumer (i.e., delivery).
TCS stands for "temperature-control for safety," meaning a food that cannot remain safe to eat unrefrigerated/ heated.
Beef Jerky. I know it seems like you should be able to since it doesn't require refrigeration, but meats are excluded from Cottage Law.
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Eggs are not included in Cottage Law either, but backyard egg sales are allowed under a few conditions, thanks to Egg Law (great name). You can find out more here.
Plates of food for a fundraiser. Not allowed. I'm not tattling, but you can get in trouble.
Tamales. Again, not allowed, but I may or may not be interested in purchasing them anyway.
Even with permitted food, the State may intervene if there is a significant risk to human health or a customer complaint.
All foods must be properly labeled with the home's address, common allergens, and a disclaimer stating that the food was prepared in a home kitchen. There is a great example page on proper labelling here.
If you have any other questions about Texas Cottage Laws, there is a fabulously informative page about them. Head here.