Homemade Texas and FARM Submit Letter to City of Waxahachie Regarding Cottage Food Affidavit Requirement
On July 27, 2026, Homemade Texas and the Farm and Ranch Freedom Alliance (FARM) sent a joint letter to the City of Waxahachie regarding its requirement that cottage food producers complete a sworn, notarized affidavit before operating within the city.
This is not the first time we have raised concerns with Waxahachie’s approach to the Texas cottage food law. In 2022, the city attempted to impose permit fees and other requirements that were inconsistent with state law. After Senate Bill 541 took effect on September 1, 2025, the Legislature made it even clearer that local governments may not require permits or fees for cottage food operations.
The current issue involves a city affidavit that must be signed under oath and notarized. The affidavit requires cottage food producers to affirm that they qualify as a cottage food operation and are not subject to regulation by the city.
While we recognize that local governments may wish to maintain basic records regarding businesses operating within their jurisdiction, we believe requiring a sworn, notarized affidavit exceeds what is reasonably necessary to accomplish that purpose. A simple informational form would allow the city to collect the same information without imposing unnecessary legal formalities on cottage food producers.
Our letter asks the City of Waxahachie to discontinue the affidavit requirement and replace it with a simple registration form, if the city believes recordkeeping is necessary. We have requested a response within ten days.
We appreciate the many local officials across Texas who work cooperatively with cottage food producers and strive to implement state law as written. We hope Waxahachie will do the same, and we look forward to resolving this matter constructively.
We will post updates as they become available.
