Do I need a license to sell BBQ in Texas

Posted by Damian Roberti on

Do I need a license to sell BBQ in Texas

Is it legal for me to sell BBQ from my Texas home? So, in this video on cottage food regulations, we'll go into this question, which appears to be very popular in Texas, but there is some misunderstanding about what you can and cannot create at home under cottage food laws. Some of the links on this blog are affiliate links, which means we may get paid if you click on them.







Damian Roberti here. Cottage food laws are here to stay. It's YouTube's brand new home-based food entrepreneur channel, which is all about cottage food legislation and starting and growing home-based food businesses into full-time businesses and commercial facilities.




Do I need a license to sell BBQ in Texas

Do I need a license to sell BBQ in Texas




So, let's take a look at this specific question about BBQ in Texas. Of course, based on what I've heard, that's a highly popular type of meal in Texas, which is known for being one of the best places to eat. Although I've never visited Texas, I've heard that the barbeque there is legendary. But, if you're talking about smoking meats, proteins, cooking proteins, and other such items and selling them from your home, is it possible? No, that is not the case. Regrettably, you cannot do so legally. You are not permitted to do so.




You could potentially do it if you have a food truck, a mobile food unit, or a separate structure or building on your own land, and if the local codes and laws allow it inside the city or county, but can you do it straight from your home? Not in the least. The list of products you can make under Texas cottage food laws does not contain anything that is time or temperature sensitive. And it's a product that needs to be maintained at a specific temperature or consumed within a set amount of time.

Do I need a license to sell BBQ in Texas

 

Do I need a license to sell BBQ in Texas


These are potentially hazardous products or foods, which is why you can't sell BBQ from your home in Texas.


You can, however, if you have a fantastic or highly unusual barbecue rub, seasoning mix, dry mix, or blend recipe.


Yes, you can sell it from the comfort of your own home. According to Texas cottage food rules, you can sell that. And it has to be something you can make in your own kitchen, packaged, and, of course, properly labeled. Now, I'm not going to go into too much depth about Texas cottage food loss in this video because I was responding to a subscriber's question about the BBQ. However, you are more than capable of doing so.

Do I need a license to sell BBQ in Texas



Yes, you can sell dry herbs and mixtures linked to barbecues from your own house, and in some situations, depending on the real pH level of the barbecue sauce, you can do so as well. I'm just double-checking my notes right now. You must make certain that the pH level is lower than 4.6. In the majority of circumstances, you can do so as well.

Do I need a license to sell BBQ in Texas



You can certainly do that if you have a barbecue sauce, marinade, seasoning, or spice blend that is BBQ related. So the one thing you should know about Texas cottage food rules is that if you start selling these types of BBQ goods, you will be restricted in a number of ways. For starters, you can't sell that product in your home for more than $50,000 each year.




You must also sell it to the consumer directly. So you'll need to go to farmers' markets, local venues, local fairs, festivals, and other similar events to sell it straight to the buyer. You can't sell your own barbecue dry mix rubs to a restaurant for use in their kitchen. As a result, a retail store cannot resale it to their customers. That appeals to third-party vendors. You wouldn't be able to sell that product without a commercial kitchen or a commercially licensed facility if you took it to a restaurant, a cafe, or a local barbecue joint. That would be something you'd have to accomplish separately. Okay, I see what you're saying. So, selling barbeque from your home is something you can't do, and it's pretty much illegal in most states because of their cottage food rules.


Do I need a license to sell BBQ in Texas

Across the board, this is very much the same. When you start making it, make sure you're in a commercial kitchen so you can sell it to stores, wholesale it, or start supplying a local barbecue, such as a pitmaster or a local barbecue restaurant. You can make a sample at home and let them test it if they're interested in your spice mix or seasoning blend, but you can't produce it and then sell or promote it that way. You must sell it to the customer directly. The one thing that's really nice about Texas' cottage food regulations is that you may sell it anywhere in the state. Let's imagine you wanted to visit a different city, county, or region of the state. Make sure you double-check to see whether you need a separate business license to collect sales tax in that city or county, but you can go to another event in Texas as long as you deal directly with the client and they have the item in hand.




There's a lot of misinformation regarding shipping things on the internet, and you can't ship a product across state boundaries due to cottage food rules. You couldn't even mail a goods to another state's city or county. You must deliver and conduct business in person. So there you have it. I hope that answers your question. Yes, Texas barbeque is among of the best, but it's not something you can make legally at home. And I'm sure a couple of you will end up creating BBQ by yourself and doing it anyhow, but make sure you follow the law and the guidelines men, just to make sure you stay safe. Also, listen to our podcast!!
On Spreaker, you can listen to "What foods fall under cottage law [What foods are authorized under cottage food legislation]."




Most cottage food regulations do not need you to have a business license, or even inspections in some states, or even an incorporation, or even food business insurance if you want to establish a business manufacturing barbecue rubs or seasonings from scratch.




Make sure you form a limited liability company (LLC), obtain a business license, and purchase food business insurance. Even if you're dealing with cottage food, you're still liable when you're in the food business. If you don't have an LLC or some form of business policy in place for your food business, and someone gets sick from eating your product or gets sick in the hospital, they may legally sue you, and you would be personally accountable for any damages and such in court.


Do I need a license to sell BBQ in Texas



As a result, don't take any chances. If you really enjoy barbecue and want to start your own business, consider developing a barbecue sauce or seasoning. Go ahead and do it. But do it in such a way that you won't be held personally culpable for what happens. So, if you have any more questions about Texas cottage food regulations with respect to BBQ, or if you are truly running a company from home, let us know down below. Please share your experience with us. In the meantime, I'll see you in our next video.

Do I need a license to sell BBQ in Texas

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