Cottage Food Production Operations / Retail Food Establishments

The Dalhart Code Department works with the Department of State Health Services (DSHS) to identify Cottage Food Production Operations and assist with information regarding compliance. Lindsey Eudey is the local inspector for the Texas Department of State Health Services.

Per the Texas DSHS: No food may be prepared in a private home and given to the public. Food must be prepared in a commercial kitchen separate from the home. The only exception is foods that are covered under the Cottage Law. If you have questions about your business, please contact the Dalhart Code Department or Lindsey Eudey's office for further information.

Cottage Food Production

Please refer to the DSHS website for more information:

Texas Health & Safety Code

From the Texas Health and Safety Code, Chapter 437, Sec. 437.0196:

POTENTIALLY HAZARDOUS FOOD; PROHIBITION FOR COTTAGE FOOD PRODUCTION OPERATIONS.

  1. In this section, "potentially hazardous food" means a food that requires time and temperature control for safety to limit pathogen growth or toxin production. The term includes a food that must be held under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that may cause human illness. A potentially hazardous food may include a food that contains protein and moisture and is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products, pasteurized and unpasteurized milk and dairy products, raw seed sprouts, baked goods that require refrigeration, including cream or custard pies or cakes, and ice products. The term does not include a food that uses potentially hazardous food as ingredients if the final food product does not require time or temperature control for safety to limit pathogen growth or toxin production.
  2. A cottage food production operation may not sell to customers potentially hazardous foods.

Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 6, eff. September 1, 2013.

This includes tamales, burritos, soups, and casseroles. These foods must be prepared in a commercial kitchen that has passed inspection by the Department of State Health Services.