Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 541 proposes amendments to the Texas Health and Safety Code to broaden the scope of permissible activities and participants in cottage food production operations. Historically limited to individuals producing non-hazardous food from their homes, the bill expands eligibility to include nonprofit organizations. Specifically, it allows nonprofits to produce and sell certain food items if prepared at the home of a director or officer of the organization.

The bill also significantly broadens the list of foods that may be sold under cottage food law, including items like fermented vegetables, plant-based acidified canned goods, frozen raw fruits and vegetables, and others that do not require time or temperature controls to ensure safety. However, the legislation maintains essential safety boundaries by excluding products containing meat, poultry, shellfish, or fish. All operations remain subject to the requirement that their goods did not qualify as time or temperature control for safety foods, as defined under existing health code provisions (Section 437.0196).

Finally, SB 541 retains the annual gross income cap of $100,000 for these operations, ensuring the scope remains focused on small-scale producers. Overall, this legislation encourages entrepreneurship and community-based food initiatives by reducing regulatory barriers, while preserving public health standards for non-commercial food production.

Author (1)

Lois Kolkhorst

Co-Author (2)

Kevin Sparks

Royce West

Sponsor (1)

Lacey Hull

Contact the Author

Sen. Lois Kolkhorst

Capitol Phone:

(512) 463-0118

Capitol Office:

CAP GE.4

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 541 is not expected to have a significant fiscal impact on the state. The Texas Department of State Health Services notes that the bill may prompt some small-scale licensed food manufacturers to shift operations under the less-regulated cottage food framework, potentially choosing not to renew their licenses. Additionally, some individuals who may have otherwise sought licenses to operate as wholesale food manufacturers might instead take advantage of the cottage food provisions.

However, the associated revenue losses from licensing fees are expected to be minor and not materially impactful to state finances. Furthermore, the Department of State Health Services anticipates that any costs associated with implementing the bill can be absorbed within existing agency resources, indicating no need for additional appropriations or staffing.

The fiscal implications for local governments remain uncertain. The report does not provide a quantifiable estimate for municipal or county impacts, likely due to variability in local enforcement, inspections, or health department roles that may be influenced by increased cottage food activity.

Vote Recommendation Notes

SB 541 represents a deliberate and thoughtfully constructed expansion of Texas’ cottage food laws, aligning with the broader trend toward empowering small-scale producers and community-based food systems. Rooted in the principle of "food freedom," the bill seeks to recognize the economic and cultural value of home-based food enterprises while adapting to post-pandemic realities. It builds upon prior reforms, notably the 2019 S.B. 572, by acknowledging how economic conditions, job displacement, and supply chain disruptions have elevated the relevance of localized food production.

The bill's expansion to include nonprofit organizations, broadened food categories, and wholesale allowances for certain goods demonstrates a clear intent to boost participation in the cottage food economy. It maintains consumer protection measures such as labeling requirements, refrigeration guidelines, and safe handling disclosures, indicating a well-balanced approach between deregulation and public health. The provisions preventing local governments from imposing additional permitting burdens further limit regulatory overreach and ensure uniformity across jurisdictions.

From a fiscal standpoint, the Legislative Budget Board projects no significant financial impact on the state, and any loss of revenue from decreased license renewals is expected to be minimal. Administrative costs for the Department of State Health Services are expected to be absorbed using existing resources, reinforcing the bill's low overhead for implementation.

Given its alignment with key liberty principles—especially individual liberty, free enterprise, and limited government—Texas Policy Research recommends that lawmakers vote YES on SB 541. It reduces regulatory barriers, encourages entrepreneurship, enhances consumer choice, and strengthens community food resilience. These outcomes benefit a wide array of Texans without compromising public safety.

Related Legislation

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