Cottage Food

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 sell to 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. 

View DSHS Retail Foods for more information and food labeling requirements.

  1. Rebecca Vera

    Sanitarian
    Phone: 210-619-1671