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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 437.0191: EXEMPTION FOR COTTAGE FOOD PRODUCTION OPERATIONS.

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Where this section sits in the code
  1. HEALTH AND SAFETY CODE
  2. TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
  3. SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS
  4. CHAPTER 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS

(a) A cottage food production operation is not a food service establishment for purposes of this chapter.

(b) The exemption provided by Subsection (a) does not affect the application of Sections 431.045, 431.0495, and 431.247 authorizing the department or other local health authority to act to prevent an immediate and serious threat to human life or health.

(c) Notwithstanding any other law, a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from department licensing requirements under Chapter 431.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 6, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 2, eff. September 1, 2013.

Acts 2025, 89th Leg., R.S., Ch. 303 (S.B. 541), Sec. 3, eff. September 1, 2025.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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