Texas Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors Statutes

Health and Safety Code §437, Amended September 2017

By: State of Texas

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm
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Home Occupations

These statutes preempt certain local regulations for home-based commercial food production and sales. Individual sections

  • define “cottage food production operation” (§437.001(2-b));
  • exempt these operations from certain state requirements (§437.0191);
  • preempt local regulation of cottage food production (§437.0192);
  • establish packaging and labeling requirements for cottage food production operations (§437.0193);
  • prohibit these operations from selling online, by mail order, or at wholesale (§437.0194);
  • establish food safety education and training requirements for operators (§437.0195); and
  • prohibit these operations from selling potentially hazardous foods (§437.0196).

Texas