Since 2011, the cottage food law has clearly stated that cottage food operations are not food establishments and that they may not be regulated by a local health department. Recently, some health departments around Texas have been attempting to require cottage food producers to buy a “Temporary Food Establishment” permit to sell at certain venues like flea markets or craft fairs.
Join Judith McGeary of the Farm and Ranch Freedom Alliance and Kelley Masters of Homemade Texas as they discuss this new development, and what you should do if a health department requires you to buy a permit to sell cottage foods.
- Make the health department put in writing what authority they have to issue a permit to a cottage food producer. State law requires health departments to respond in writing within 30 days to “requests for official determination” so be sure to include “request for official determination” in your letter or email. This will often cause the health departments to back down from requiring a permit.
- Contact your State Representative and ask them to intervene – tell him or her that a health department is requiring a permit in violation of state law.
- Contact the Farm and Ranch Freedom Alliance to help them build a case in case this issue needs to be addressed in the 2023 Texas legislative session.