On October 19, 2022, Homemade Texas and the Farm and Ranch Freedom Alliance joined forces to send a letter notifying the city of Waxahachie of several illegal requirements that had been placed on Waxahachie cottage food operators, namely:
- That a single ingredient such as “cream cheese” does not disqualify a food from being sold under the cottage food law.
- That neither local health departments nor DSHS have been granted the authority to review or approve recipes.
- That a local health department does not have the authority to require a cottage food operator to submit recipes prior to participating in an event.
- That it is illegal to require a cottage food operator to purchase a “Food Establishment” permit, temporary or not.
This letter was ignored, and Waxahachie appeared to continue conducting business as usual.
In Texas, home rule cities have something called “sovereign immunity,” which makes it almost impossible for someone with limited resources to sue them when they are doing the wrong thing.
So, we had to wait until the Texas legislature fixed the “loophole” that Waxahachie and other cities were taking advantage of, by passing SB 541.
As of September 1, 2025, no local government or health department may issue a permit for a cottage food producer to produce, sell, or sample their food. If an employee knowingly violates this section of the law, their job could be on the line. With the letter sent today, July 23, 2025, Waxahachie is on notice.