Texas Code § 437.0191

EXEMPTION FOR COTTAGE FOOD PRODUCTION OPERATIONS
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Sec. 437.0191. EXEMPTION FOR COTTAGE FOOD PRODUCTION OPERATIONS. (a) A cottage food production operation is not a food service establishment for purposes of this chapter.
(b) The exemption provided by Subsection (a) does not affect the application of Sections 431.045 , 431.0495 , and 431.247 authorizing the department or other local health authority to act to prevent an immediate and serious threat to human life or health.
(c) Notwithstanding any other law, a cottage food production operation that manufactures and distributes at wholesale cottage food for resale by others is exempt from department licensing requirements under Chapter 431 .

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