Texas Cottage Food Laws

Texas is a flagship cottage food state — the 2019 update added online sales and delivery, and the allowed food list is unusually long (including some fermented and pickled items).

Fast facts

Permit
Food handler certificate required; no license
Annual sales cap
$50,000/yr
Online sales
Allowed
Shipping
Allowed

What makes Texas different

  • Texas allows internet sales and shipping within the state
  • You need a food handler's certificate but no license or inspection
  • $50,000 annual gross sales cap

Where you can sell in Texas

  • Direct to consumer
  • Farmers markets
  • Online
  • Mail order in state
  • Events

What you can and can't make

Texas follows the standard cottage food logic: shelf-stable items are in, anything needing refrigeration is out. Check the Texas Department of State Health Services product list for state-specific exceptions.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

Texas labeling requirements

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for Texas

Texas Department of State Health Services administers cottage food rules in Texas.

Last verified:

Visit Texas Department of State Health Services

Not legal advice. This summary is for general education. Confirm with Texas Department of State Health Services before you start selling.

Cottage food laws in other states