Tex. Health & Safety Code Section 437.0194
Certain Sales by Cottage Food Production Operations Prohibited or Restricted

(a)

A cottage food production operation may not sell any of the foods described in Section 437.001 (Definitions)(2-b)(A) at wholesale.

(b)

A cottage food production operation may sell a food described by Section 437.001 (Definitions)(2-b)(A) in this state through the Internet or by mail order only if:

(1)

the consumer purchases the food through the Internet or by mail order from the operation and the operator personally delivers the food to the consumer; and

(2)

subject to Subsection (c), before the operator accepts payment for the food, the operator provides all labeling information required by Section 437.0193 (Packaging and Labeling Requirements for Cottage Food Production Operations)(d) and department rules to the consumer by:

(A)

posting a legible statement on the operation’s Internet website;

(B)

publishing the information in a catalog; or

(C)

otherwise communicating the information to the consumer.

(c)

The operator of a cottage food production operation that sells a food described by Section 437.001 (Definitions)(2-b)(A) in this state in the manner described by Subsection (b):

(1)

is not required to include the address of the operation in the labeling information required under Subsection (b)(2) before the operator accepts payment for the food; and

(2)

shall provide the address of the operation on the label of the food in the manner required by Section 437.0193 (Packaging and Labeling Requirements for Cottage Food Production Operations)(b) after the operator accepts payment for the food.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 590 (S.B. 572), Sec. 3, eff. September 1, 2019.

Source: Section 437.0194 — Certain Sales by Cottage Food Production Operations Prohibited or Restricted, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­437.­htm#437.­0194 (accessed May 26, 2025).

437.001
Definitions 437.002
Enforcement of State Law by County or Public Health District 437.003
County Authority to Require Permit 437.004
Public Health District Authority to Require Permit 437.005
Public Hearing 437.006
More than One Permit Prohibited 437.007
Nonprofit Organizations Exempt 437.008
Permit Renewal 437.009
Inspections 437.010
Submission of Plans and Subsequent Inspection 437.011
Inspection of Existing Entities on Adoption of Order 437.012
County and Public Health District Fees 437.013
Audited Statement 437.014
Denial, Suspension, or Revocation of Permit 437.015
Injunction 437.016
Criminal Penalty: Violation of County and Public Health District Permit Requirements 437.017
Conflict with Alcoholic Beverage Code 437.018
Administrative Penalty 437.019
Exemption for Certain Bed and Breakfast Establishments 437.020
Regulation of Food Samples at Farms and Farmers’ Markets 437.021
Authority to Operate on Certain Property 437.023
Service Animals 437.025
Requirements for Dogs in Outdoor Dining Areas 437.026
Sale of Certain Food by Food Service Establishment 437.027
Prohibited Restrictions on Packaging, Utensils, and Straws 437.0055
Permit from Department Required in Areas Not Regulated by County or Public Health District 437.0056
Rulemaking Authority 437.0057
Regulation of Food Handlers and Other Food Service Employees by Counties, Public Health Districts, and the Department 437.0065
Permits for Certain Farmers and Food Producers 437.0073
Medallion for Mobile Food Units in Certain Populous Municipalities 437.0074
Mobile Food Units in Certain Populous Counties 437.0075
Food Managers in Certain Populous Counties 437.0076
Certified Food Manager 437.0091
Municipal Ordinance Registry 437.0095
Detention 437.0123
County and Public Health District Fees in Certain Populous Counties 437.0124
County and Public Health District Fee Schedule 437.0125
Department Fees 437.0145
Emergency Suspension or Closing Order 437.0155
Department Injunction 437.0165
Criminal Penalty: Violation of Department Permit Requirement 437.0185
Administrative Penalty by Public Health District or County 437.0186
Assessment of Administrative Penalty 437.0191
Exemption for Cottage Food Production Operations 437.0192
Regulation of Cottage Food Production Operations by Local Government Authorities Prohibited 437.0193
Packaging and Labeling Requirements for Cottage Food Production Operations 437.0194
Certain Sales by Cottage Food Production Operations Prohibited or Restricted 437.0195
Production of Cottage Food Products 437.0196
Time and Temperature Control for Safety Food 437.0197
Exemption for Small Honey Production Operation 437.0198
Regulation of Small Honey Production Operation Prohibited 437.0199
Labeling Requirements for Small Honey Production Operation 437.0201
Regulation of Food at Farmers’ Markets Under Temporary Food Establishment Permits 437.0202
Temperature Requirements for Food at Farmers’ Markets 437.0203
Regulation of Cooking Demonstrations at Farmers’ Markets 437.01235
Fees for Premises with Alcoholic Beverage Permit or License 437.01951
Requirements for Sale of Certain Cottage Foods 437.01952
Requirements for Sale of Frozen Fruit or Vegetables
Green check means up to date. Up to date

Verified:
May 26, 2025

§ 437.0194. Certain Sales by Cottage Food Production Operations Prohibited or Restricted's source at texas​.gov