Wholesale

Wholesale

Sales through a "cottage food vendor"

COTTAGE FOOD VENDORS

  • Must register with DSHS (free, fast, and online).
  • It is the 3rd party seller that must register with DSHS as a “cottage food vendor”, not the cottage food producer.
  • The cottage food vendor and the cottage food producer must have a contractual relationship (contracts do not need to be in writing).
  • Cottage food vendors must sell food directly to the consumer at a farmer’s market, farm stand, food service establishment (restaurant), or any retail store.
  • The cottage food vendor must display in a prominent place near the location where the food is offered for sale a sign with the following disclosure “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” (yes, the sign must be in all caps like the statute.)
  • Any food you are selling through the cottage food vendor must include on the label the date the food was made.
  • Only foods that do not require time or temperature control for safety may be sold through a cottage food vendor. 

EXAMPLES OF FOOD YOU CAN SELL THROUGH A COTTAGE FOOD VENDOR

  • Baked goods not requiring refrigeration
  • Jams and jellies
  •  Candy
  • Coated and uncoated nuts
  • Fruit butters, jams, and jellies with a pH of 4.6 or less
  • Fruit pies and pecan pies
  • Popcorn, cereal, granola, trail mix, snack mix
  • Canned, acidified salsa with a pH of 4.6 or less
  • Pickled fruits and vegetables with a pH of 4.6 or less
  • Fermented vegetables with a pH of 4.6 or less
  • Roasted coffee or dry tea
  • Dry mixes
  • Marshmallow cereal treats
  • Dried pasta
  • Pretzels
  • Tortillas
  • Doughnuts
  • Cake balls
  • Maple syrup/cane syrup
  • Vanilla extract
  • Unroasted nut butters
  • Ghee
  • Energy/protein bars
  • Dehydrated fruits and vegetables
  • Mustard
  • Vinegar
  • Hot cocoa drink mix
  • Dried herbs/spice mixes
  • Dried soup mixes
  • Seasoned salt
  • Trail mix
  • Fudge and divinity
  • Cookie kits (cookies + icing + sprinkles)
  • Dry pancake/waffle/baking mix
  • Pineapple upside-down cake
  • Freeze-dried foods that don’t contain meat
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F.L.I.P is a a trusted partner and preferred vendor of TexasCottageFoodLaw.com and Homemade Texas. The cost of your policy will vary depending on the kind of coverage you want and the volume of your sales, but Texas cottage food producers are likely looking at a cost of somewhere between $25.00 – $50.00 per month for food liability coverage.

Wholesale FAQ

Q1. Can a restaurant actually serve my food, or does the food have to stay in its package?

A: We are still working with DSHS to come up with an agreed-upon interpretation of the wholesale rules.

Q2: Can a restaurant use my cottage food as an ingredient in their food?

A: We are still working with DSHS to come up with an agreed-upon interpetation of the wholesale rules.

Q3: Can a cottage food vendor ship the cottage food product or have it delivered by UberEats or similar delivery drivers?

A: No, the food must be for sale at a farmer’s market, farm stand, food service establishment (restaurant), or any retail store.

Q4. Can I ship my cottage food product to a cottage food vendor for them to sell it at their location?

A: No, the food must be personally delivered to the cottage food vendor. 

Q5: Does the vendor have to buy the food from me up front, or can they pay me a share after they sell it, like a consignment arrangement? 

A: Both are acceptable under the cottage food vendor rules; it totally depends on whatever arrangement you and the cottage food vendor work out. 

Q6: Are fermented foods that are refrigerated for quality eligible to be sold at wholesale?

A: Yes. They are not a TCS (Temperature Control for Safety) food.  Refrigerating to preserve quality or slow down fermentation is not the same as refrigerating a food to prevent pathogen growth or toxin production.

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