Krista512 Posted 29 Feb 2012 , 10:45pm
post #1 of

what are the rules on advertising under the texas cottage food law???

I know I can have a website just not a way for people to pay online.

can i legally take sample cupcakes to local businesses with business cards and a sticker on the plastic clam shells saying the statement that im not inspected? like take them to the school for the teachers, to local businesses for kids parties to advertise.

what about setting up a bake sale type of thing as long as i have that statement posted???

i cant advertise very well. been using craigslist but people go on there looking for deals. i cant offer cheap cakes. i have a website and business cards that i leave at places. but i aint getting much business other than friends.

what are other ways i can advertise that are on the cheaper or free side.

i want to get car magnets and window decal for the back of mine and husbands cars.

and bags with my logo and website to carry my stuff in to the park or the kids to school.

10 replies
Krista512 Posted 29 Feb 2012 , 10:48pm
post #2 of

and what about local magazines. like the kids directory and things like that. i work out of my home so i dont have a store front so im not sure about a place like kids directory

Krista512 Posted 29 Feb 2012 , 10:50pm
post #3 of

and what about local magazines. like the kids directory and things like that. i work out of my home so i dont have a store front so im not sure about a place like kids directory

jason_kraft Posted 29 Feb 2012 , 11:28pm
post #4 of

You can advertise anywhere you want and provide free samples as long as you follow the labeling rules in the law:
http://www.texascottagefoodlaw.com/TheLaw/LawSummary.aspx

To increase your exposure I recommend taking out ads on Google, Facebook, and Yelp. Be prepared to spend some money on your advertising budget if you want to increase your business, but first you'll need to work out who and where you want to target.

You may want to be careful about providing products for schools, due to food allergies some schools do not allow products that could be contaminated with nuts or peanuts.

kelleym Posted 1 Mar 2012 , 12:24am
post #5 of

You can give samples to individual people (properly labeled), but you may not offer them to the public at large, for instance, farmers markets, bridal shows, or craft fairs.

Any "bake sale" must be held at your home, with proper labeling, and all the rules of SB 81 apply.

There are no restrictions on advertising.

CupcakeMamaof2 Posted 9 Mar 2012 , 11:03pm
post #6 of

I thought you could do bridal shows and expos if the person running it approves it and you aren't selling them there just sampling. Am I totally wrong?

kelleym Posted 9 Mar 2012 , 11:05pm
post #7 of

Please refer to Q12 here: http://texascottagefoodlaw.com/FAQ.aspx

Thanks,
Kelley icon_smile.gif

vgcea Posted 10 Mar 2012 , 12:03am
post #8 of

I am yet to see this discussed: How do I handle a situation where I have been asked to donate a cake for a church event? Since the cake is not for sale or for sampling, just a donation, do I still treat it as a cottage food "product" and include all the labeling rules we currently have?

kelleym Posted 10 Mar 2012 , 12:11am
post #9 of

This is the law regarding religious functions:

Regarding charitable organizations, here is the law:

§229.162(40) 229.162(42)

(B) Food establishment includes:

(i) an element of the operation such as a transportation vehicle or a central

preparation facility that supplies a vending location or satellite feeding location unless the

vending or feeding location is permitted by the regulatory authority; and

(ii) an operation that is conducted in a mobile, stationary, temporary, or

permanent facility or location; where consumption is on or off the premises; and regardless of

whether there is a charge for the food.

(C) Food establishment does not include:

(i) an establishment that offers only prepackaged foods that are not

potentially hazardous;

(ii) a produce stand that only offers whole, uncut fresh fruits and

vegetables;

(iii) a food processing plant;

(iv) a kitchen in a private home if only food that is not potentially

hazardous is prepared for sale or service at a function such as a religious or charitable

organization's bake sale if allowed by law;


The "if allowed by law" part is the real kicker, and it means that it is up to the individual municipality, so you would need to call your local HD and ask them if it is allowed for you to donate. Godspeed.

vgcea Posted 10 Mar 2012 , 1:09am

Thanks for the detailed response kelleym. I'm probably going to end up doing a cash donation. I can't be bothered to deal with the HD when it's so obvious they have it out for home bakers already.

kelleym Posted 10 Mar 2012 , 1:15am
Quote:
Originally Posted by vgcea

Thanks for the detailed response kelleym. I'm probably going to end up doing a cash donation. I can't be bothered to deal with the HD when it's so obvious they have it out for home bakers already.



I pity the poor home baker who calls the health department regarding any aspect of legality, given how they have reacted to SB 81. I think your instinct is correct.

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