LegalToOpen

Cottage Food Laws in Texas

Last verified against official sources on by Amrit. How we verify

Yes. In Texas you can make and sell most foods from your home kitchen without a city or county permit, as long as you earn $150,000 a year or less from it. You must take a food handler course, package and label everything, and sell directly to customers (or to a registered cottage food vendor). If you sell foods that need to be kept hot or cold, you must also register with the state health department.[1][3]

At a glance

Permit neededNo local permit. State registration only if you sell foods that must be kept hot or cold.[1][3]
Sales cap$150,000 a year in gross sales, adjusted each year for inflation[1]
TrainingAn accredited food handler course[3]
Label statement"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."[1]
Where you can sellDirectly to customers in Texas. Stores and restaurants only through a registered cottage food vendor.[1]
Online and shippingYou can take orders online, but you, an employee or a household member must deliver the food in person. No shipping.[1]
FeeCities and counties cannot charge you a fee to make or sell cottage food[1]
AgencyTexas Department of State Health Services (DSHS)[3]

Step by step

Do these in order. Each step links to the official form or page.

  1. Check that your food is allowed

    Almost any food is allowed. The big exceptions are meat, poultry, seafood, ice cream and other frozen treats, low-acid canned goods, CBD or THC products, and raw milk.[3]

  2. Take a food handler course

    Complete an accredited food handler training program. If you already hold a Food Manager Certification from an accredited program, DSHS accepts that instead.[3]

  3. Register with DSHS if you need to

    You must register if you sell foods that need to be kept cold or hot (called TCS foods, short for "time and temperature control for safety"). Anyone can choose to register so the label shows a state ID number instead of a home address. Registration is online and approved automatically. Save the registration number it gives you.[3][4]

    Time: A few minutes onlineDSHS Online Licensing Registry: New Cottage Food Registration

  4. Package and label every item

    Pack food so it cannot get contaminated (an item too large or bulky to package is exempt). The label needs your business name, your address (or your DSHS ID number), the name of the food, any major allergens, and the required statement in capital letters. Pickles, fermented vegetables and acidified canned goods also need a batch number. Foods that need to be kept cold or hot also need the date made on the label, and a safe handling statement in at least 12-point type on the label or on the receipt.[3][1]

  5. Sell directly to your customers

    Hand the food to the customer yourself, or deliver it to a place they choose. If you sell online, post all the label information on your website before taking payment, and deliver in person. Keep your yearly sales at or under the cap.[1]

What you can and can't sell[1][3]

Allowed

  • Baked goods, including ones that need refrigeration
  • Candy, jams, jellies and fruit butters
  • Pickled and fermented vegetables (using a recipe source DSHS lists)
  • Dry mixes, granola, popcorn, nuts, coffee and tea
  • Most other foods not on the "not allowed" list

Not allowed

  • Meat, poultry and products made from them
  • Seafood, fish and shellfish
  • Ice and frozen treats such as ice cream, shaved ice, popsicles and gelato
  • Low-acid canned goods
  • Products containing CBD or THC
  • Raw milk and raw milk products

Local rules

These places add their own requirements on top of the state rules.

Recent changes

Frequently asked questions

Can I ship my cookies to customers in Texas or other states?

Not for online orders. Texas law lets you sell online only if you, an employee or a household member delivers the food to the customer in person. The law covers sales within Texas only.[1]

Can I sell my baked goods in a coffee shop or store?

Only through a registered cottage food vendor. You may not sell at wholesale to anyone else. A cottage food vendor is a business that has a contract with you, registers with DSHS, and resells your food to customers at farmers markets, farm stands, restaurants or retail stores. Foods that need to be kept cold or hot cannot be sold this way. The vendor must post a sign with the required statement, and the label must show the date the food was made.[1]

Do I have to put my home address on the label?

Not if you register with DSHS. Registered operators can print their state ID number instead of their address.[1]

Can I sell cheesecake or other foods that need refrigeration?

Yes, since September 1, 2025, as long as it is not on the not-allowed list. You must register with DSHS, keep the food cold (41°F or below) or hot (135°F or above), put the date made on the label, and include the safe handling statement on the label or receipt.[1][3]

Can I hand out free samples?

Yes. You can give samples to customers anywhere in Texas.[1]

Can my nonprofit sell homemade food?

Yes. A 501(c)(3) nonprofit can run a cottage food operation. The food is made in the home of one of its directors or officers.[3][1]

Will the health department inspect my kitchen?

Generally no. Health departments cannot inspect a cottage food operation. They can still act in an emergency, such as a serious health threat or a recall, and they keep records of complaints.[3]

Sources

  1. S.B. No. 541, 89th Legislature (R), Enrolled version: relating to cottage food production operations, Texas Legislature. Checked October 24, 2026.
  2. Bill history: 89(R) SB 541, Texas Legislature Online. Checked October 24, 2026.
  3. Texas Cottage Food Production, Texas Department of State Health Services. Checked October 24, 2026.
  4. Cottage Food Registration Guide, Texas Department of State Health Services. Checked October 24, 2026.

This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Texas Department of State Health Services (DSHS) or your local health department. Spotted something wrong or out of date?Report it and we will check it.