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Texas Cottage Food Law

This topic contains 8 replies, has 2 voices, and was last updated by  James McHaney 2 years, 9 months ago.

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    Rosie & Dana

    Does one have to pay Fed. Tax under the Cottage food law


    David Crabill

    Yes, you always have to pay yearly income taxes.



    I am trying to help my mother in law find out if it would be legal to package her dry hot chocolate mix and sell it on Etsy. Is it considered a cottage food if no cooking is involved?


    David Crabill

    Yes, that is considered a cottage food, and no, you can’t sell it on Etsy unless you are using a commercial kitchen.


    Daniel Butler

    Why does Texas have such strict laws and restrictions for cottage foods? I was planning on trying to make and sell fermented canned goods at my local farmers market, and I was angered to find out that I am not allowed to do this in Texas. This seems like just another way big business corporations control the market through government lobbying.


    David Crabill

    It’s true that lobbying plays a big part in the strictness of Texas. However, when it comes to canned goods, botulism is a major concern.



    I’m confused about the differences between fairs. Can I sell baked goods at a local fair where there is no fee to participate and the fair receives no money from vendors. What about an event that does charge a fee to vendors and is not run by a non-profit?


    David Crabill

    Lisa, the law says that you can sell at “a municipal, county, or nonprofit fair, festival, or event”. You can also sell at farmers markets. All other types of events are not allowed. So if it is not run by the local govt, or if it is not run by a non-profit, or if it is not a farmers market, then you can’t sell at it.


    James McHaney

    Daniel, I discovered what I consider to be significant conflict-of-interest that led to the redefinition of pickles by Health & Human Services after the 2013 Legislature adjourned.
    Too complicated to explain here, but see my post about lawsuit filed May 31, 2018.
    If you are interested, and we can connect, I am willing to send DVD via USPS that contains the evidence I discovered that was “hidden in plain sight” in public websites.

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