I have lived in the following counties - Harris, Montgomery, Grayson, and Comal counties. None of these counties have allowed any baking in a home kitchen where the products are sold, whether it is for a fundraiser or for personal profit to the general public. Comal is governed by the State as they do not have their own HD. State law prohibits it, but many counties don't police fundraisers, but then again, some do.
Thanks for the replies. The reason I question this, a person in the surrounding area is baking tortes out of her kitchen and selling them for a children's non-profit. What she is doing is wonderful and personally I don't want to rock her boat. But I was curious of how she was doing this because what I have read is that it is illegal, no matter what. That's another reason I want the law to change!!!!
According to the person I spoke to in Travis county 2 years ago, you can not bake in your home and give it for free to the public. I'm not sure how you can sell it at a fundraiser. You can bake for private parties but if money transfers hands, it's not allowed. That's my understanding.
However... Have you been following the Texas Cottage Food Law discussion? Get involved and help get these laws changed.
http://www.texascottagefoodlaw.com/
I've got a question. In Texas, can you bake tortes from your home kitchen, sell them at fundraisers and the proceeds go to a non-profit? Just curious. Thanks for all replies.
Since the Houston Health Department would rather the homeless eat out of dumpsters than eat homemade food, I'm going to assume that the answer is no.
http://www.theblaze.com/stories/houston-feed-the-homeless-org-shut-down-for-not-having-food-permit/
According to TFER, "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" is not considered a food establishment and doesn't have to be licensed.
It would really depend on the discretion of her county's health department, if they wanted to consider what she was doing a bake sale or not, assuming she's not using anything that would be considered potentially dangerous.
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