Residents interested in preparing and selling food from their homes must determine whether their operation qualifies as a Texas cottage food production operation or falls under Seagoville’s regulations for conventional food establishments.
That distinction affects whether the business needs a city food-service permit, inspections and an approved commercial facility.
The City of Seagoville Code of Ordinances currently includes legislation through Ordinance No. 2026-25, adopted Feb. 2, 2026. The city’s food regulations are contained primarily in Chapter 11, Article 11.02, while standards affecting residential businesses appear in the city’s zoning ordinance.
General food businesses require city authorization
Seagoville’s ordinance states that a person may not operate a food-service establishment or temporary food establishment without a valid permit, license or certificate issued by the city. Food establishments, mobile food establishments and temporary food establishments operating within the city limits must comply with Chapter 11.
The city has also adopted the Texas Retail Food Rules as its operating standards for food establishments. Those rules govern matters that include food handling, sanitation, inspections, the sale of unsafe or mislabeled food and the suspension or revocation of operating permits.
Permitted food-service establishments are inspected by the city at least once every six months. Additional inspections may be conducted when necessary to enforce the ordinance.
A resident converting a structure into a conventional food-service establishment must submit plans and specifications to the city before beginning construction, extensive remodeling or conversion work. The plans must show the proposed layout, mechanical systems, construction materials, work areas and fixed equipment. A preoperational inspection is also required when plans have been submitted for review.
These requirements generally apply when a food business does not qualify for the state’s cottage-food exemption.
Cottage food operations receive a state exemption
Texas law provides a separate path for qualifying food businesses operating from private residences.
A cottage food production operation is exempt from the requirements that apply to a conventional food-service establishment. Local public-health authorities may not regulate food production at a qualifying cottage operation or require the operator to obtain a local health license, permit or pay a fee to produce food, sell directly to consumers or provide samples. These protections have applied under the expanded state law since Sept. 1, 2025.
Texas law also prevents a municipal zoning ordinance from prohibiting the use of a home for a cottage food production operation.
The exemption does not mean that every type of food may be prepared and sold from a residence. A business must remain within the state definition and follow the applicable food-safety, packaging, labeling and sales requirements.
Foods that remain excluded
Under the current Texas cottage-food rules, an operation may produce many foods, including certain foods that require temperature control, but the following categories remain excluded:
Meat, poultry and products containing meat or poultry; seafood and seafood products; ice and ice products such as shaved ice, ice cream, frozen custard, popsicles and gelato; low-acid canned goods; products containing cannabidiol or tetrahydrocannabinol; and raw milk or raw-milk products.
A cottage food operation’s annual gross income from cottage-food sales is limited to $150,000 under the state definition.
Training and registration requirements
An individual operating a cottage food business must complete an accredited basic food-safety education or food-handler training program.
Registration with the Texas Department of State Health Services is required for cottage operations selling foods that require time and temperature control for safety. Registration is also required for cottage food vendors who purchase qualifying products from cottage operations for resale directly to consumers.
Foods requiring temperature control must be stored and delivered at temperatures that prevent dangerous bacterial growth. State guidance identifies 41 degrees Fahrenheit or below for cold foods and 135 degrees or above for hot foods.
Packaging and labeling
Cottage foods generally must be packaged in a way that prevents contamination. When a product is too large or bulky for conventional packaging, the required information may be provided on an invoice or receipt.
Labels must identify the cottage food operation, the product’s common name and any major food allergens. Operators may list their home address or register with the state and use a DSHS-issued identification number instead.
Each product must also carry this disclosure:
“THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”
Additional labeling and safe-handling instructions apply to foods requiring refrigeration or other temperature controls.
Residential business standards
Seagoville’s zoning ordinance defines a customary home occupation as an activity conducted in the home by a member of the occupant’s family without structural alterations, nonhousehold machinery, additional employees, advertising signs or additional street traffic.
A second zoning definition similarly describes a home occupation as work customarily performed at home without structural changes, hired help, special equipment or a displayed sign.
These provisions describe the city’s general standards for maintaining the residential character of a property. State law, however, does not allow a municipal zoning ordinance to prohibit a qualifying cottage food operation from using a home.
What residents should determine before selling
A resident planning a home-based food business should first identify every product that will be prepared and confirm that none falls within the state’s prohibited categories. The operator should then complete the required food-handler training, determine whether DSHS registration is necessary and prepare legally compliant packaging and labels.
Businesses that do not meet the cottage-food definition must follow Seagoville’s regular food-establishment process, including any required permit, plan review and inspections. The city’s Health and Environmental Services division handles food-establishment inspections and environmental-health complaints. Seagoville’s Code Enforcement office is located at 702 N. Highway 175 and can be reached at 972-287-2050.
Because the required approvals depend on the foods being sold and the way the business operates, residents should confirm their classification before investing in equipment, remodeling a residence or beginning sales.
