If you mean smoking cuts of meat, frying proteins, as well as other things, and attempting to sell them from your residence, the answer is no. You are not allowed to do so. Unless you own a food truck, a food cart unit, or an independent arrangement or construction on your land, and if municipal standards and regulations permit it within your municipality or county.
Note that the only items you can make under Texas cottage food legislation are things that are not time or temperature-sensitive, and barbecue is an item that must be kept at a particular temperature or ingested within a limited period of time.
The Lone Star State is well-known for its barbecue. First-class slow-smoked Texas-style meat is frequently grilled with only a savory flavor rub applied to the exterior and offered with a fruity hot sauce.
Texas has countless grill fast food places, spanning from wagons and one-room huts located in towns and at road routes throughout the state to massive barbecue superstores such as the County Line in Austin, which can serve more than 500 individuals.
To market BBQ in Texas, you will be expected to qualify for a Texas state retail food operation license, register your enterprise, and collect sales tax across all purchases. In Texas, you will operate in the same manner as any other retail organization. This is required since barbecue does not fall under the bracket of cottage foods.
How to Apply for the Permit Required to Sell BBQ in Texas
- Create a list of all the state and local licensing requirements you’ll require to sell barbecue to the general public. These should include, at a reasonable level, registering your enterprise with the Texas Comptroller of Public Accounts in order to collect sales taxes, obtaining a Texas state food retailing operation license, and, in most cases, obtaining a local commercial business permit.
- If you are already incorporated or you are already established as a partnership, submit a doing business as (DBA) registration with your county clerk, particularly in the region in which you intend to operate your barbecue enterprise. A DBA is simply a way for a sole proprietorship to sign up the title of its enterprise with the state.
- To register your enterprise and pay sales tax, ensure to visit the Texas Comptroller of Public Accounts’ website. Have it in mind that the comptroller’s office requires all enterprises to register.
- Ensure to visit the Texas Department of State Health Services website to submit a request for a food retailing operation license. This license is required for all enterprises that sell meals for direct sales consumption, which include barbecue diners.
- Verify to see if your municipality demands any extra licenses, permits, or safety checks. Most municipalities and county governments recognize the state health license without requiring a municipal commercial business license. Several Texas cities and counties also demand a local health permit/inspection in addition to a retail commercial business license.