Texas Cottage Food Law

Created by SB 541 (2025). A producer may sell at wholesale to a cottage food vendor, who registers with DSHS and may resell at farmers markets, farm stands, food service establishments, or retail stores. TCS foods cannot be wholesaled. Wholesaled product must include the production date on the label.

How much can I make under Texas cottage food law?

The current Texas cottage food annual gross-revenue cap is $150,000, raised from $50,000 by SB 541 effective September 1, 2025. The cap is measured against gross receipts from cottage food sales — not net profit — and is adjusted annually for inflation. Once your gross cottage food sales cross $150,000 in a calendar year, you must transition to a permitted commercial kitchen or stop selling under the cottage food exemption until the next calendar year.

Do I need a license or permit to sell cottage food in Texas?

No traditional license or facility permit is required, but state law requires the producer to complete an accredited food handler course and keep the certificate on file. As of September 2025, producers may also voluntarily register with DSHS to receive a registration number that can replace the home address on product labels.

Can I wholesale my cottage food to a retail store in Texas?

Yes — but only through a registered cottage food vendor. SB 541 (2025) created a new wholesale path: a cottage food production operation may sell at wholesale to a cottage food vendor, who must register with DSHS and may then resell at farmers markets, farm stands, food service establishments, or retail stores. Time and temperature control for safety (TCS) foods cannot be wholesaled.

Can I sell hot sauce, pickles, or canned goods under Texas cottage food law?

Texas allows certain acidified and pickled goods under cottage food rules, but only when the producer can document equilibrium pH at or below 4.6 using a calibrated pH meter and the product is properly labeled. This is one of the few states that permits any acidified products under cottage food.

Can I ship Texas cottage food across state lines?

No. Cottage food sales are limited to within Texas. Interstate shipping triggers federal jurisdiction (FDA), which does not recognize state cottage food exemptions.

What goes on a Texas cottage food label?

A compliant label includes the producer name and either the producer street address (or city, state, and zip) OR a DSHS-issued registration number, the product name, the full ingredient statement in descending order by weight, allergen disclosures for the major nine allergens, net weight or volume, and the disclosure: "This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department." Wholesaled product must additionally include the production date.