Fort Worth Orders Cottage Food Producer to Stop Operating From Her Home
On September 28, 2026, a Fort Worth cottage food producer received a Code Compliance notice ordering her to “Stop operating a business from a residentially zoned property.” The notice warned that failure to comply could result in fines of up to $2,000 for each day the property remained in violation.
Homemade Texas sent a letter to the City of Fort Worth on October 5 asking the City to withdraw the violation and pointing out that Texas law specifically protects the use of a home for a cottage food production operation.
The Fort Worth Code Compliance Notice
The notice was issued to Samantha Alonso under Code Compliance Department Case No. 26-748016. It identified the violation as “Operate a business from a residentially zoned property” and gave Alonso until October 12, 2026 to comply. The notice was issued by Fort Worth Code Compliance Officer Taborah Reed.
The City cited Fort Worth’s zoning ordinance, specifically Appendix A, Chapter 4, Article 6. Under the provision cited in the notice, “A person commits an offense if a business other than a Home Occupation is conducted in a residentially zoned district.”
The notice did not allege that Alonso was producing foods that were prohibited under the Texas Cottage Food Law. It did not allege a food-safety violation or state that her cottage food operation failed to comply with state cottage food requirements. The violation identified by the City was operating a business from a residentially zoned property.
That distinction matters because Texas law specifically addresses municipal zoning restrictions on cottage food operations.
Texas Law Protects Home Cottage Food Operations
Texas Local Government Code § 211.032 provides:
“A municipal zoning ordinance may not prohibit the use of a home for cottage food production operations.”
This provision has been part of Texas law since 2013. It prevents a municipality from using its zoning authority to prohibit the use of a home for a cottage food production operation.
Fort Worth may regulate home businesses generally under its zoning ordinances, but the Legislature has created a specific limitation on municipal zoning authority when the home is being used for a cottage food production operation.
That was the issue raised in the October 5 letter from Homemade Texas.
Homemade Texas Asks Fort Worth to Withdraw the Violation
Homemade Texas wrote to Jesus “Jay” Chapa regarding Alonso’s Code Compliance case and asked the City to withdraw the September 28 violation.
The letter also asked Fort Worth to confirm that Alonso would not be cited or subjected to further enforcement merely for operating a lawful cottage food production operation from her home. Finally, Homemade Texas asked the City to advise Code Compliance staff about the restriction imposed by Texas Local Government Code § 211.032 so that other cottage food producers would not receive similar notices.
The issue is not whether cottage food producers are exempt from every law or local ordinance that might otherwise apply to them. They are not. The issue presented by this particular notice is much narrower: Fort Worth specifically ordered a cottage food producer to stop operating a business from residentially zoned property when state law expressly provides that a municipal zoning ordinance may not prohibit the use of a home for cottage food production operations.
Homemade Texas has asked the City to correct the violation notice and clarify its enforcement policy for cottage food businesses operating from their homes.
As of the date of this post, we are awaiting the City’s response.
