Texas Cottage Food Laws

Texas widened its cottage food law in 2025 (SB 541): a higher income limit and, with DSHS registration, some foods that need refrigeration. The DSHS page allows online sales only with personal delivery, so don't plan on shipping.

Important information: Cottage food laws vary by state and may change. This guide is provided for general educational purposes and is not legal advice. Always confirm current requirements with your state's official regulatory agency before selling homemade food.

Checked against official Texas sources on November 2, 2026: permit, sales cap, online sales, shipping, label statement and where you can sell. Anything not marked as checked is our summary — check with the Texas Department of State Health Services.

Fast facts

Permit
No license or permit; food handler training required (checked)
Annual sales cap
$150,000/yr (adjusted for inflation) (checked)
Online sales
Limited (checked)
Shipping
Not allowed (checked)

What makes Texas different

  • Since September 1, 2025 the annual gross income limit is $150,000, which DSHS adjusts for inflation
  • No license or permit, but you must complete an accredited food handler course
  • Online sales are allowed when you, an employee or a household member deliver the food in person
  • Selling time/temperature-controlled (TCS) foods requires registering with DSHS

Where you can sell in Texas

  • Direct to consumer
  • Farmers markets
  • Online orders delivered in person
  • Events
  • Cottage food vendors (wholesale, non-TCS foods; the vendor registers with DSHS)

What you can and can't make

These lists describe what most cottage food laws allow and prohibit. They aren't Texas's official product list: check the Texas Department of State Health Services for the foods Texas actually allows.

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

Required statement, checked November 2, 2026:

THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.

Most states require the elements below. Texas's exact list may differ, so confirm it with the Texas Department of State Health Services.

  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

The Texas Department of State Health Services administers cottage food rules in Texas. Their page is the authoritative, current version of everything summarized here.

Visit the Texas Department of State Health Services

Sources we checked on November 2, 2026:

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Cottage food laws in other states