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
- The name and physical address of your home kitchen business
- The common name of the product
- A full ingredient list in descending order by weight
- Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
- Net weight or volume
- 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:
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
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- Washington, D.C.