Cottage Food Law /US
A structured reference to state cottage food rules

United States · TX

Texas

Cottage Food Production Operation

Informational only — not legal advice. Verify every requirement with the official agency cited below before producing or selling food.

At a glance

Administering agency
Texas Department of State Health Services (DSHS)

Source: Texas DSHS — Texas Cottage Food Production · Verified Sep 15, 2026

Permit required
No

No license or permit, and local governments may not require one. Operations that sell TCS (refrigerated) foods must register with DSHS.

Source: Tex. Health & Safety Code Ch. 437, § 437.0192 · Verified Sep 15, 2026

License cost
None

Local health entities may not charge a fee to produce, sell, or sample directly to consumers. The DSHS page does not state whether DSHS registration has a fee.

Source: Texas DSHS — Texas Cottage Food Production · Verified Sep 15, 2026

Annual sales cap
$150,000

Raised from $50,000 by SB 541, effective September 1, 2025. DSHS adjusts the limit annually for inflation (CPI-U); no adjusted figure had been published on the official sources checked.

Source: Tex. Health & Safety Code Ch. 437, § 437.001(2-b)(B) · Verified Sep 15, 2026

Training required
Yes

Accredited food handler course required; a Food Manager Certification is accepted instead.

Source: Texas DSHS — Texas Cottage Food Production · Verified Sep 15, 2026

Home inspection
No

Health departments have no authority to inspect cottage food production operations.

Source: Texas DSHS — Texas Cottage Food Production · Verified Sep 15, 2026

Permit details

How it works
No license or permit is required, and local health departments may not require one. DSHS registration is required for operations that sell time/temperature control for safety (TCS) foods; other operations may register to print their DSHS registration number on labels instead of a home address. Cottage food vendors that buy at wholesale must register. Operators must complete an accredited food handler course; DSHS accepts a Food Manager Certification in its place.

Source: Texas DSHS — Texas Cottage Food Production · Verified Sep 15, 2026

Allowed foods

Allowed
  • Any food other than the prohibited items listed (since SB 541, effective September 1, 2025)
  • TCS (refrigerated) foods are allowed with DSHS registration, a date-made label, and safe-handling instructions

Pickled, fermented, and plant-based acidified foods have extra recipe or pH-testing rules (§ 437.01951).

Source: Texas DSHS — Texas Cottage Food Production · Verified Sep 15, 2026

Prohibited
  • Meat, meat products, poultry, or poultry products
  • Seafood, fish, and shellfish products
  • Ice or ice products (shaved ice, ice cream, frozen custard, popsicles, gelato)
  • Low-acid canned goods
  • Products containing cannabidiol (CBD) or tetrahydrocannabinol (THC)
  • Raw milk and raw milk products

Source: Tex. Health & Safety Code Ch. 437, § 437.001(2-b)(A) · Verified Sep 15, 2026

Labeling requirements

On every package
  • Name of the cottage food production operation
  • Address, or the DSHS registration number in place of the address
  • Common or usual name of the product
  • Any major food allergen (e.g., eggs, tree nuts, soy, peanuts, milk, wheat, sesame)
  • Disclosure: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
  • A unique batch number for pickled, fermented, or plant-based acidified products
  • TCS foods: date made, plus the safe-handling statement in at least 12-point font
  • Foods sold through a cottage food vendor: date made

Unpackaged foods: label information goes on an invoice or receipt.

Source: Texas DSHS — Texas Cottage Food Production (Food Labeling) · Verified Sep 15, 2026

Sales channels

Where you can sell
  • In person: Yes
  • Farmers market: Yes
  • Online (in-state): Yes
  • Online (out-of-state shipping): No
  • Delivery (in-state): Yes
  • Retail / wholesale resale: Yes
  • Sales go directly to consumers, delivered at the point of sale or a location the consumer designates, or at wholesale to a registered cottage food vendor (non-TCS foods only), who may resell at farmers' markets, farm stands, food service establishments, or retail stores. Online sales must be within Texas and personally delivered by the operator, an employee, or a household member; SB 541 removed mail order.

Source: Tex. Health & Safety Code Ch. 437, §§ 437.001, 437.0194, 437.01965 · Verified Sep 15, 2026

Caveats

  • State law bars local governments, including local health departments, from regulating cottage food production or requiring a permit.
  • Pickled, fermented, and plant-based acidified foods must use a DSHS-approved or tested recipe, or each batch must be pH-tested (4.6 or below); batch records are kept for at least 12 months. Pickled cucumbers are exempt from these rules.

Official sources

Page last reviewed: 2026-09-15

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