Cottage Food: What Consumers Should Know
Section 1: Welcome
Slide 1
Welcome to the Cottage Food: What Consumers Should Know online course, which is a Texas
A&M AgriLife Extension Service Training Program.
This course will be presented in a voice-narrated format that allows you to follow along with a
PowerPoint slide presentation. A high-speed Internet connection is required to complete this
course. Content for this module is divided into multiple sections (see menu bar on the left for
course outline), enabling you to complete and/or review content at your own pace. Printable
handouts, if applicable, will be presented prior to the section in which they are referenced.
In the next section, you will be directed to complete a brief, multiple-choice pre-learning
assessment. Once you have completed the pre-learning assessment, you will be free to advance
to the course content by checking the “Next Section” button at the bottom of the page. At the
conclusion of this module, you will be directed to complete a post-learning assessment.
If at any time you wish to take a break from the module, simply log out and return to the course
when you are ready to continue. When you sign back in to the module, you will be taken
directly to the section where you left off. To review a section you have already completed, click
on the desired section on the left menu bar.
Section 2: Learning Objectives
Slide 2
Upon completion of this course and review of the accompanying handouts, you will be able to:

Understand the Texas Cottage Food Law;

Know what products a Texas cottage food production operation, which is also called a
CFPO, can legally sell to you;

Know where a Texas cottage food production operation can legally sell to you;

Know the correct packaging and labeling requirements for a cottage food product;

Understand sampling of cottage food products at farmers’ markets;

Understand safe processing of canned items;

Understand drying of fruits, vegetables, and herbs;

Know about copyright laws; and

Learn which questions to ask a cottage food business.
1
Section 3: Cottage Food Law
Slide 3
The Texas cottage food production operations law first went into effect on September 1, 2011,
and was amended September 1, 2013. The law allows an individual to produce and sell certain
food items either from their home or at specific locations. The operations are not regulated by
a local or state health department.
Slide 4
A cottage food business is not required to have permit or license; therefore, there’s no such
endorsement as a certified CFPO/cottage food business. The business person may have taken an
informational class on the Texas cottage food law, but it isn’t approved or accredited with the
state, nor is it required.
A cottage food business home kitchen is not inspected by the health department. There is an
exception, however. The health department may investigate a complaint regarding preparation
of potentially hazardous food at a private residence. The health department has authority to act
to prevent an immediate and serious threat to human life or health through emergency order,
recall orders, and delegation of powers or duties.
The owner of a CFPO is required to obtain food safety training and receive a food handlers’ card
through a state-approved program.
Slide 5
Foods that can be legally sold to you by a cottage food business are:

Baked items that don’t require refrigeration, such as breads, rolls, biscuits, sweet breads,
muffins, pastries, cookies, and cakes;

Candy;

Coated and uncoated nuts;

Unroasted nut butters;

Fruit butters, but only certain ones;

Canned jams and jellies;

Fruit pies;

Dehydrated fruits and vegetables, including dried beans;

Popcorn and popcorn snacks;

Cereal, including granola;

Dry mixes;

Vinegar;

Pickles, which are cucumbers only;
2

Mustard;

Roasted coffee or tea; and

Dried herbs and herb mixes.
None of these foods are potentially hazardous.
Slide 6
Some definitions you need to know are:

Baked good, which is a food item prepared by baking the item in the oven. This includes
cookies, cakes, breads, Danishes, donuts, pies, and other items that are prepared by
baking. Therefore, no-bake items are not allowed, as well as, fried items like fried donuts
or pies.

Pickles, which are made from cucumbers preserved in vinegar, brine, or a similar
solution.

Dehydrated food products cannot be sun dried by the CFPO to dehydrate.
Slide 7
Candy is a broad term, but the Texas Administrative Code defines candy as: a confection made
of natural or artificial sweeteners. This includes bars, gum, drops, taffy, and chocolate. Candy
also includes items such as nuts, chips, hard pretzels, popcorn, raisins, and other fruits that are
coated with chocolate, yogurt, caramel, or similar sweet flavorings. Remember that whole or
uncut fresh fruit cannot be used.
So, why a CFPO is charging you tax on candy, including some popcorn products? It’s because by
law, a CFPO is required to charge you sales tax on candy.
Slide 8
Potentially hazardous foods or time-temperature control for safety foods, which is also referred
to as PHF/TCS, aren’t allowed to be sold by a cottage food business because they support the
growth of bacteria/pathogens or the production of toxins by bacteria. Three common
characteristics of these types of foods are:

They contain protein and/or a high amount of water or water activity, which is moisture
content that is greater than 0.85 and supports bacterial growth.

They have a pH that is neutral to slightly acidic, which is between a pH of 4.6-7.5.

They are held at a certain temperature to prevent the growth of bacteria that cause
foodborne illness.
Slide 9
On a previous slide, we mentioned that only certain fruit butters are allowed because some can
potentially support the growth of pathogens. The producer has to ensure that the end product
is not PHF/TCS by having it tested for pH and water activity.
3
High-acid fruit butters with a pH below 4.6 are allowed. These include the following high-acid
foods: apple, apricot, grape, peach, plum, prune, and quince.
If purchasing other kinds of fruit butters, especially those made with low-acid fruits, ask if they
have been tested and where the testing was conducted.
Slide 10
A cottage food business can’t sell you PHF/TCS foods such as:

Fresh or dried meat, including jerky;

Canned fruits, vegetables, vegetable butters, or salsas;

Kolaches with meat;

Fish or shellfish;

Canned pickled products, such as corn relish and sauerkraut, including chow chow;

Raw seed sprouts;

Ice or ice products;

Dried pasta;

Sauerkraut, relishes, salsas, sorghum, or honey;

Homemade marshmallows;

Chocolate-covered graham crackers or Rice Krispy cereal treats, which therefore can’t
be used as forms in cakes that are sold to you; and

Baked goods that need refrigeration, such as cream, custard, or meringue pies and cakes
or pastries with homemade cream cheese icings or fillings.
Commercially processed cream cheese and butter cream icings are allowed as long as they are
deemed not potentially hazardous by the manufacturer. Honey and sorghum are regulated
commodities and aren’t allowed to be sold by a CFPO.
Slide 11
More foods a cottage food business can’t sell to you are:

Milk and dairy products, including hard, soft, and cottage cheeses and yogurt;

Fresh fruits and vegetables that are cut or whole, including fresh fruits dipped or coated
in chocolate or similar confections and juices made from fresh fruits and vegetables;

Barbeque sauces and ketchups;

Focaccia-style breads with vegetables or cheeses; and

Lemonade, juices, hot chocolate, or similar beverages in liquid form.
4
Slide 12
A cottage food business can’t sell you PHF/TCS foods such as:

Tamales;

Casseroles;

Pizza dough and sauce;

Spaghetti sauce;

BBQ plates;

Smoked products;

Syrup;

Pickled products, including pigs feet, okra, green beans, beats, turnips, eggs, onions,
carrots, peppers, radishes, artichokes, asparagus, cauliflower, fig, etc.;

Meats that are canned or in a jar; and

Animal treats.
Slide 13
You can purchase cottage food products from a CFPO:

At their home;

Delivered directly to you;

At a farmers’ market, which doesn’t require a permit to sell cottage foods that are prepackaged non-potentially hazardous food/time-temperature control for safety foods;

At a farm stand; and

At municipal, county, or nonprofit fairs, festivals, or events.
Slide 14
You should not be able to purchase cottage food products in these locations or formats:

A convenience store, food establishment, grocery store, etc.;

At a privately organized event or location;

At craft fairs or flea markets, unless sponsored by a nonprofit organization;

Over the Internet; for example, not even deposits may be paid through PayPal or a link
emailed to you; the product is not allowed to be shipped to you,

Wholesale purchases; or

Over the state line; if it was produced in a Texas home, you must purchase it in Texas.
A CFPO may advertise using the Internet.
5
Slide 15
A cottage food production operation can use ingredients bought at the store to use in their
products. Yard eggs and other home-grown produce may be used as an ingredient in foods
produced by a CFPO if the agricultural produce is produced by the operation.
Pure honey, which is sometimes referred to as “raw,” can be used as an ingredient and
“topper/drizzle” as long as it is from an approved source, which means the source has a
manufacturer’s license.
Raw milk cannot be used as an ingredient!
Section 4: Packaging and Labeling
Slide 16
Cottage food products must be packaged in a way that prevents contamination. The one
exemption is for large, bulky items, such as wedding cakes. They don’t have to be packaged but
still need to be handled safely to prevent contamination. Food-grade containers or boxes, bags,
or plastic wrap are just some of the many options available for packaging.
Slide 17
Cottage food products must be labeled properly. The label must be legible, handwritten or
typed, and include:

Name and physical address of the operation;

Common or usual name of the product;

Any major food allergens present in the food, such as eggs, tree nuts - which include
almonds, walnuts, and pecans - soy, peanuts, milk or wheat; and

The following statement: “This food is made a home kitchen and is not inspected by the
Department of State Health Services or a local health department.”
The Food Allergen Labeling and Consumer Protection Act of 2004 states that there are 8 major
food allergens, though more than 160 foods can cause allergic reactions. The six listed above –
eggs, tree nuts, soy, peanuts, milk, and wheat – as well as fish and crustacean shellfish are the 8
major allergens.
Slide 18
Food labels are required to be attached to the package. If a food item is too large or bulky to be
packaged, for example a wedding cake, then the label can be added to the sales receipt you
should receive.
Slide 19
The following is an example of a correct food label under the cottage food law. The label
includes:

The name and address of the cottage food production operation – The Muffin Man
Bakery, 4645 Drury Lane, Anywhere, Texas 78787;
6

The common or usual name of the product – chocolate chip cookies;

Food allergens in the product – eggs and wheat; and

The required statement – This food is made in a home kitchen and is not inspected by
the Department of State Health Services or a local health department.
Slide 20
Now, let’s check your knowledge! Which label on this slide is correct?
Label A – Aunt Sissy’s Banana Nut Bread; produced by Sissy Smith Foods, 1234 Cottage Lane,
Lone Star, Texas 76543; contains wheat, eggs, and nuts; and the statement - This food is made
in a home kitchen and is not inspected by the Department of State Health Services or a local
health department. OR
Label B – Aunt Sissy’s Banana Nut Bread; produced by Sissy Smith Foods, Lone Star, Texas
76543; 123-456-7890; contains all natural ingredients; and the statement - Bread so fresh,
people will think it is homemade!
If you chose label A, you’re correct! Label B is missing the required statement as well as the list
of potential allergens, and a complete address.
Section 5: Sampling at Farmers’ Markets
Slide 21
A cottage food operation can only provide samples at farmers’ markets. Sampling cannot be
done at any other locations.
To provide samples, the CFPO must:

Prepare and distribute samples in a sanitary manner;

Observe proper handwashing techniques before preparing samples;

Wear clean, disposable plastic gloves while preparing and serving samples;

Have potable water available for use, which means water suitable for drinking;

Avoid bare-hand contact with the samples; and

Make sure utensils and cutting surfaces are smooth, non-absorbent, and easily cleaned
or disposed of.
Slide 22
It’s up to each local jurisdiction to determine how they want to handle allowing a cottage food
business to provide samples at a farmers’ market. For example, the City of Ft Worth requires a
cottage food business to obtain a permit, or they must individually wrap the samples, keep
them in a container with a lid, and put the label on the lid.
Depending on the local jurisdiction, a cottage food business plus sampling at a farmers’ market
could equal a permit.
7
Slide 23
Cottage food vendors could sample their dry mixes in a different form at a farmers’ market,
BUT a license/permit is required, and they would have to follow the rules accompanying the
permit/license, such as keeping the samples at correct temperatures.
For example, if the vendor has a dry dip mix, they can add sour cream to the dry mix and give as
samples, if they have the required permit. If they have a lemonade/tea/coffee dry mix, they can
add water/liquid to the mix and give as samples, if they have the required permit.
Section 6: Canning and Drying
Slide 24
If purchasing jams, jellies, pickles, and fruit butters, ask the CFPO if they’re using tested recipes
to assure food safety. Many people have recipes that have been passed down through their
family members, but these recipes may not include the correct processing instructions
necessary to make these foods shelf stable. It’s recommended that the CFPO use recipes that
have been tested.
For long-term storage, jams, jellies, fruit butters, and pickles should be processed in a water
bath canner for the recommended amount of time.

Open kettle, steam, and oven canning methods are not recommended. These methods
could result in a product that spoils or is unsafe.
Jams, jellies, fruit butters, and pickles that are not processed in a water bath canner should be
refrigerated and, therefore, shouldn’t be sold by a cottage food business.
Slide 25
Sources of tested jam, jelly, and pickle recipes may be found at:

National Center for Home Food Preservation website or the book, So Easy to Preserve,
6th Edition (2014) (University of Georgia Cooperative Extension),

The United States Department of Agriculture, and

Manufacturers of food preservation supplies.
Slide 26
Let’s now move on to drying fruits and vegetables. A dehydrator is the easiest way to dry fruits
and vegetables. Sun drying is not allowed for drying cottage food products.
Fruits can be pre-treated with an ascorbic acid or Vitamin C, fruit juices, syrup blanching, or
honey dipped. Ask if they have been treated, especially if you are allergic to any of the pretreatments. Also, for long-term storage of dried fruit, sulfuring or the use of a sulfite dip is
recommended. If you’re allergic or sensitive to sulfites, ask if they have been treated.
Vegetables dried the same day they were picked or purchased are best. If they are stored in the
refrigerator before drying, the quality of the vegetable, as well as nutrients, will be lost.
8
Quality wise, dried fruit will keep up to a year if it’s stored properly. Store it in a cool, dark place
in an airtight container, such as glass canning jars, freezer bags, airtight plastic containers, or
vacuum sealed. If storage temperatures are high, storage time will be reduced. For example
fruit is good for up to a year in 60 °F temperatures but if stored in 80 °F, it’s only good for 6
months.
Quality wise, dried vegetables will keep up to 6 months if stored properly but less if it’s stored
at high temperatures.
Slide 27
Herbs may be dried with a dehydrator, air drying, oven, or microwave oven. A dehydrator often
gives the best results because the drying temperature can be controlled, and air circulation
helps the herbs dry evenly.
Herbs may be dried closely together. Ask what other herbs they have dried, especially if they
are near those you purchase, in case you are allergic.
Dried herbs will keep up to a year if stored properly for quality. Store them in a cool, dry, dark
place in an airtight container, such as glass canning jars, freezer bags, or airtight plastic
containers.
Slide 28
Each year, it’s estimated that nearly 1 in 6 people will experience a foodborne illness. The most
common causes of foodborne illness are:

Poor personal hygiene;

Cross contamination, which is the spreading germs from one surface to another;

Not cooking food properly; and

Not storing foods properly.
You may be going to someone’s home or another location to buy foods from a CFPO. Are they
handling and preparing the foods safely? Ask them if they have taken the required food safety
training, and ask to see their card.
Section 7: Copyright Laws
Slide 29
Even when producing products at home, a business must follow the law. Ask a CFPO if they
have received permission to use copyrighted characters, collegiate logos, etc. Copyright laws
apply if buying something with a character, collegiate logo, etc. These characters and logos are
usually done on cakes, cookies, etc. Both the business and the customers can get into trouble if
copyright laws aren’t followed.
Licensed figurines are allowed. A component of copyright laws, called the “First Sale Doctrine,”
allows you to purchase a licensed copy of a copyrighted work. For example, it’s okay to put a
Mickey Mouse figurine on a cake and resell it without obtaining permission. It isn’t considered
infringement because the copyright owner has already been paid by the licensee.
9
Section 8: Questions to Ask
Slide 30
Ask a CFPO these questions before purchasing their products:

“Did you take a food handlers course that is approved by the state?” The answer should
be yes.

If they claim to be a certified CFPO, ask: “What does that mean?” You should ask this
because there is not a course accredited or approved with the state to be “certified,” nor
is it required.

“Do any products require refrigeration?” If the reply is ‘yes,’ don’t purchase the items.

“Where did you get most of your ingredients, and do you use raw milk?” If they answer
that they use store-bought ingredients, yard eggs, and produce such as fruits and
vegetables that they have grown and harvested on their property, it’s okay. However,
raw milk isn’t allowed.

“Are you using tested recipes for your canned products?” The answer should be yes,
because using tested recipes is a good way to assure food safety. If they answer ‘no,’ you
may not want to purchase their products.
Slide 31

If they are selling jams, jellies, or pickles, ask: “How do you process your product?” AND
“When did you can the product?” Hopefully, their answer is water bath canning, which is
recommended for long-term storage. If the product was processed differently, such as
open kettle, steam, or oven, these items should be refrigerated and shouldn’t be
purchased. Items that were canned within one year are best for quality, but they are
good for longer than that.

If they are selling jams, jellies, pickles, or fruit butters, especially low-acid fruit butters,
ask: “Has your product been tested?” If the answer is ‘yes’ then ask “Where did you get
them tested?” They should say ‘yes’ or be using tested recipes. If you ask where their
products were tested, they should respond with one of the following places: Analytical
Food Labs Inc. in Grand Prairie, Texas; Food Safety Net Services Ltd. in San Antonio or
Grand Prairie; or I.E.H – Quanta Labs in Selma, Texas.

If they’re selling fruit butters that you are unsure about, ask: “Has your product been
tested for pH?” If they say yes, ask “What was the pH?” Fruit butters should be acidic;
that is, their pH should be below 4.6. Otherwise, fruit butters need to be refrigerated.

If they are selling dried fruits, ask: “Were these items pre-treated? If so, with what?”
Dried fruits are sometimes treated with ascorbic acid or Vitamin C, fruit juices, syrup,
honey, or sulfuring agents or sulfites. You may want to know what they’re treated with
for allergy reasons.
10
Slide 32

“How do you dry your herbs/fruits/vegetables?” Herbs dried in a dehydrator usually yield
the best results. Also, if you are allergic to certain foods, you may want to know if what
you are buying came into contact with an herb/fruit/vegetable to which you are allergic.
Additionally, sun drying fruits/vegetables isn’t allowed.

“When were the fruits/herbs dried?” For best quality, herbs are good for six months.
Fruits are good for one year.

“What forms do you use for your cakes?” Rice cereal treats and products containing it,
such as Rice Krispies® treats, are not allowed to be used.

If they are selling cakes or other large items, ensure that they give you a receipt with the
correct label information on it. If they don’t, ask for the receipt with the label
information on it. Even with cakes or large items, you may want to know if there are any
allergens in the cake or item. They are required to give you that information.

If they are selling cakes, cookies, etc. with characters, collegiate logos, etc. on them, ask:
“Do you have permission to use this character/collegiate logo/etc.?” The answer should
be yes. Both you AND the seller can get into legal trouble otherwise.

Because of a peanut allergy, ask: “Are you using a peanut-free kitchen?” This could be a
concern for you or someone you give the product to, so you may want to take
precautions and not purchase their product.
Section 9: Conclusion
Slide 33
As we conclude this online course, remember the things we discussed today.

Cottage Food Law allows individuals to prepare and sell specific foods from their home
and sell at other specific locations. CFPOs aren’t inspected and don’t have permits, but
are required to have food safety training.

Make sure products you buy are packaged and labeled safely and correctly.

When sampling at farmers’ markets, the CFPO should follow sanitary methods and have
the required permits, if needed.

CFPOs should use tested recipes for canning and use water bath canning on their canned
products for safety.

Sun drying isn’t allowed. Dried fruits , vegetables, and herbs don’t keep indefinitely.

Make sure you’re purchasing products that CFPOs have received permission to copy or
use, such as Disney and Pixar products.

Finally, don’t be afraid to ask questions!
Educational programs of the Texas A&M AgriLife Extension Service are open to all people without regard to race, color, sex, religion, national origin, age, disability, genetic
information, or veteran status. The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperating
11