Texas Cottage Food Law
A complete guide to cottage food regulations in Texas (TX) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Required
- Business License
- Not required
- State Registration
- Required — Texas Department of State Health Services (DSHS)
Where You Can Sell
- direct sales (in person)
- online (with direct delivery by producer, family member, or employee)
- farmers markets
- farm stands
- food service establishments (via registered cottage food vendor, shelf-stable only)
- retail stores (via registered cottage food vendor, shelf-stable only)
Allowed Products
- Any foods not on the prohibited list.
Prohibited Products
- meat, meat products, poultry, or poultry products
- seafood, seafood products, fish, fish products, shellfish, and shellfish products
- ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato
- low-acid canned goods
- products containing cannabidiol (CBD) or tetrahydrocannabinol (THC)
- raw milk and raw milk products
Labeling Requirements
The following information must appear on every cottage food product label sold in Texas:
Required Disclaimer
THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.
Additional Notes
SB 541 effective September 1, 2025 significantly expanded the Texas Cottage Food Law. Key changes: (1) Annual gross income threshold raised to $150,000 (previously $50,000). (2) Texas now uses an exclusion model — all foods allowed except the explicitly prohibited categories. (3) TCS (time/temperature control for safety) foods such as cheesecakes and cream pies are now allowed but require DSHS registration, production-date labeling, safe handling statement, and temperature-controlled transport at 41°F or below. (4) Wholesale sales through registered Cottage Food Vendors (third-party sellers) are now permitted for shelf-stable non-TCS foods only; TCS foods must be sold direct. (5) Registration (free) with DSHS is required for: (a) operators selling TCS foods, and (b) third-party cottage food vendors. Registration is optional for non-TCS direct sellers who prefer to use a unique DSHS ID number on labels instead of their home address. (6) Allergens that must be listed: Eggs, Milk, Soy, Wheat, Peanuts, Tree Nuts, Fish, Shellfish, Sesame (FDA Big 9). (7) Label must include business name plus home address OR DSHS unique ID number. (8) Safe handling statement required for TCS foods (on label, invoice, or receipt): 'SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption.' (9) Production date required for TCS foods and all wholesale/retail transactions. (10) Shipping via UPS/FedEx/USPS is prohibited; delivery must be by producer, family member, or employee. (11) Nonprofit organizations are included in the cottage food production operation definition under SB 541.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in Texas?
- Texas cottage food producers may earn up to $150,000 per year from cottage food sales.
- Do I need a food handler certification to sell cottage food in Texas?
- Yes. Texas requires cottage food producers to hold a valid food handler certification.
- Is a business license required for cottage food sales in Texas?
- No. Texas does not require a business license to operate a cottage food business.
- Does Texas require cottage food producers to register with the state?
- Yes. Texas requires cottage food businesses to register with Texas Department of State Health Services (DSHS).
- Where can I legally sell cottage food products in Texas?
- In Texas, cottage food products may be sold at: direct sales (in person), online (with direct delivery by producer, family member, or employee), farmers markets, farm stands, food service establishments (via registered cottage food vendor, shelf-stable only), retail stores (via registered cottage food vendor, shelf-stable only).
- What allergen labeling standard applies to cottage food in Texas?
- Texas follows the FDA Big Nine allergen standard for cottage food labeling.
- What products are allowed under Texas cottage food law?
- The following product categories are permitted for cottage food production in Texas: Any foods not on the prohibited list..
- What products are prohibited under Texas cottage food law?
- The following products may not be sold under Texas's cottage food exemption: meat, meat products, poultry, or poultry products, seafood, seafood products, fish, fish products, shellfish, and shellfish products, ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato, low-acid canned goods, products containing cannabidiol (CBD) or tetrahydrocannabinol (THC), raw milk and raw milk products.