A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules. The City of Schertz does not require a food establishment permit however a home occupation permit maybe required. Check with your HOA covenant to ensure there is no conflict for a home based business.
A cottage food production operation is defined as an individual, operating out of the individual’s home, who:
Produces a baked good, candy, coated and uncoated nuts, unroasted nut butters, fruit butters, a canned jam or jelly, a fruit pie, dehydrated fruit or vegetables, including dried beans, popcorn and popcorn snacks, cereal, including granola, dry mix, vinegar, pickles, mustard, roasted coffee or dry tea, or a dried herb or dried herb mix.
Has an annual gross income of $50,000 or less from the sale of the described foods; and
Sells the foods produced directly to consumers at the individual’s home, a farmers’ market, a farm stand, or a municipal, county, or nonprofit fair, festival or event.
Delivers products to the consumer at the point of sale or another location designated by the consumer.
However, a cottage food production may not sellto customers potentially hazardous foods. A potentially hazardous food (PHF) is a food that requires time and temperature control for safety (TCS) to limit pathogen growth or toxin production. For example: meat dishes, casseroles, salads or cheesecake. Food produced by a cottage food production operation may not be sold via the Internet, by mail order, or at wholesale.