2026 reference
Texas Cottage Food Law
Texas's cottage food law sets an annual revenue cap of $150,000 and no state permit or registration is required. Direct sales, farmers markets, online, in-state mail, and wholesale (non-TCS) all permitted, within Texas only. Online orders must be personally delivered by the operator, an employee, or a household member rather than third-party shipped (SB 541, § 437.0194). The wholesale path requires sales to a registered cottage food vendor.
Watch for: $150K cap is inflation-indexed. The wholesale path for non-TCS items is unique — few states allow cottage products in retail without a commercial kitchen.
Key facts
Read the full Texas cottage food law guide
Editorial guide with statute citations, special-program details, label requirements, and complete FAQ coverage.
Where you can sell
Direct sales, farmers markets, online, in-state mail, and wholesale (non-TCS) all permitted, within Texas only. Online orders must be personally delivered by the operator, an employee, or a household member rather than third-party shipped (SB 541, § 437.0194). The wholesale path requires sales to a registered cottage food vendor.
- Direct (in-person)
- Farmers markets
- Online (in-state)
- In-state mail
- Retail / grocery
- Restaurants / food service
What's required before your first sale
No permit; food handler training required. SB 541 (2025) switched Texas to an exclusion model: any food may be made and sold EXCEPT meat/poultry, seafood, ice and ice products (ice cream, gelato, etc.), low-acid canned goods, CBD/THC products, and raw milk — there is no fixed list of allowed foods. Time/temperature-control-for-safety (TCS, e.g. cheesecakes, cream pies, cut produce) foods are now allowed but additionally require DSHS registration, refrigeration (≤41°F through storage and delivery), a production date and a 12-point safe-handling statement on the label, and direct-to-consumer sale only (no wholesale). Producers may voluntarily register with DSHS for a registration number that can replace the home address on labels.
Allowed and excluded foods
Examples of permitted foods
Any food is allowed except those listed under “Excluded” →
- baked goods
- candies and confections
- jams, jellies, fruit butters
- acidified foods with documented pH ≤4.6
- pickled vegetables with pH documentation
- granola
- roasted coffee
- dry herbs and seasonings
- popcorn
- dehydrated foods
- TCS / refrigerated foods such as cheesecakes and cream pies (with the added TCS requirements)
Illustrative examples, not a complete list.
Excluded from cottage food
- meat, meat products, poultry, and poultry products
- seafood, fish, and shellfish (and their products)
- ice and ice products (shaved ice, ice cream, frozen custard, popsicles, gelato)
- low-acid canned goods
- products containing CBD or THC
- raw milk and raw-milk products
Label requirements
- Producer name and either street address (or city/state/zip) OR DSHS-issued registration number
- Product name
- Full ingredient statement (descending order by weight)
- Allergen disclosures for the major nine allergens
- Net weight or volume
- Verbatim disclosure: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." (SB 541, 2025, replaced the prior "made in a home kitchen" wording)
- Wholesaled product (under SB 541): production date required
- TCS / refrigerated products (allowed under SB 541): add the date the food was made and the safe-handling statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption." in at least 12-point type
Generate your Texas disclosure label in one click
Ardent Seller assembles a print-ready cottage food label for Texas from data you already track — the state's required disclosure statement rendered verbatim (and sized to meet the state's minimum type size where one applies), your operator info, ingredients in descending order by weight, the federal "Contains:" allergen line, net weight, and lot code. A validation checklist flags anything Texas requires that's missing before you print. Included on every plan.
Adjacent programs
Cottage Food Vendor registration (SB 541)
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.
Frequently asked questions
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 PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." SB 541 (2025) replaced the older "made in a home kitchen" wording with this statement effective September 1, 2025. Wholesaled product must additionally include the production date, and refrigerated/TCS products must add the production date plus a 12-point safe-handling statement.
Sources
- Texas DSHS — Cottage Food Production
- Forrager — cottage food law database
- Texas Health & Safety Code Chapter 437 — Regulation of Food Service Establishments
- SB 541 (2025) — $150K cap, wholesale path, expanded foods, and new label disclosure (enrolled text)
Reference content only — not legal advice. State laws change frequently. Verify against the official source before launching.
Tools that work with Texas
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