Cottage Food Production Operation

City of San Marcos
Community Services - Environmental Health

Cottage Food Production Operation

A local government authority, including the local health department may not regulate nor permit the production of food at a cottage food production opertations (CFPO). A CFPO may sell products at a farmer's market and shall be in compliance with regulations required by law regarding a CFPO. Any individuals operating a CFPO must have successfully obtained a food handler certification.

    You may sell the following homemade food items under CFPO:
  • Baked goods that do not require refrigeration, such as cakes, cookies, breads, and pastries.
  • Candy
  • Coated and uncoated nuts
  • Unroasted nut butters
  • Fruit butters
  • Canned jams and jellies
  • Fruit pies
  • Dehydrated fruits and vegetables including dried beans
  • Popcorn and popcorn snacks
  • Cereal, including granola
  • Dry mixes
  • Vinegar
  • Pickles - cucumber only
  • Mustard
  • Roasted coffee or dry tea
  • Dried herbs or herb mixes


  • Food produced by a CFPO may not be sold via internet, wholesale, or by mail order.
  • An annual income of $50,000 or less is required by law from described foods under CFPO
  • CFPO may not provide potentially hazardous food to customers. Potentially hazardous foods are foods that require time and temperature for safety and to control/limit pathogen growth.
  • All food produced by CFPO must be labeled and packaged in a way to prevent contamination


    Label must include:
  • The name and address of the cottage food production operation;
  • The common or usual name of the product, if a food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk or wheat that ingredient must be listed on the label;
  • A statement: "This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department."
  • The labels must be legible
2015cosm_cottagefoodproduction.pdf139.48 KB