Current Law Details
MAJOR EXPANSION NOW ACTIVE (SB 541, effective Sept 1, 2025): Sales cap tripled to $150,000 (indexed to inflation). Revolutionary exclusion model - almost all foods now allowed (only specific exclusions listed). Wholesale through 'Cottage Food Vendors' allowed for non-TCS foods. Refrigerated foods (TCS) permitted for direct sales only. Nonprofits (501(c)(3)) can operate. No permits, licenses, fees, or inspections required. Privacy protection: use registration number instead of home address. Local health departments prohibited from requiring permits or fees.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
Additional Label Elements
- ✓Business name
- ✓Home address OR DSHS registration number (if registered)
- ✓Common or usual name of product
- ✓Net weight or volume (if applicable)
- ✓Major food allergen disclosure (specific allergens present)
- ✓FOR TCS FOODS: Date the food was made
- ✓FOR TCS FOODS: Safe handling instructions (12-point font minimum)
Allowed Sales Venues
Direct-to-consumer sales at home, farmers markets, farm stands, festivals, events, pop-up shops. Online sales permitted (Texas residents only) with in-person delivery by operator/employee/household member (NO commercial delivery for online orders). Wholesale to registered Cottage Food Vendors allowed for non-TCS foods only. TCS foods: direct sales only, cannot be wholesaled. No restaurant or retail store sales.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
Online sales must be delivered in person by operator, employee, or household member - cannot use commercial delivery services. If sold in-person, can use commercial shipping within Texas. TCS (refrigerated) foods cannot be shipped. No interstate shipping allowed.
Allowed Foods
Exclusion model: nearly all foods permitted except meat/poultry/seafood products, ice cream and frozen desserts, low-acid canned goods, CBD/THC products, and raw milk products. Refrigerated foods (TCS) allowed for direct sales only with additional labeling (cheesecakes, cream pies, cut fruits/vegetables, vegetarian casseroles). Acidified foods allowed. High-acid canned goods allowed.
Recent Legislative Updates
SB 541 (89th Legislature)
Effective: September 1, 2025
Tripled sales cap from $50,000 to $150,000 with annual inflation indexing. Implemented revolutionary exclusion model for allowed foods. Enabled wholesale sales through registered Cottage Food Vendors (non-TCS foods only). Allowed TCS (refrigerated) foods for direct sales. Enabled nonprofits to operate. Prohibited local permits/fees. Added privacy protection via registration number. Launched free DSHS registration system.
Important Warnings & Notes
- ⚠️TCS (refrigerated) foods: direct sales only, cannot be wholesaled
- ⚠️Online sales require in-person delivery (no commercial delivery services)
- ⚠️Out-of-state sales prohibited
- ⚠️Must register with DSHS if selling TCS foods
- ⚠️Sales only to Texas residents
- ⚠️Cottage Food Vendors must register with DSHS
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-07):
- •Texas Senate Bill 541 (89th Legislature)
- •Texas Department of State Health Services (DSHS)
- •Cottage Food Registration Guide Ver1_2025.pdf
- •texascottagefoodlaw.com
- •Homemade Texas advocacy organization
- •Farm and Ranch Freedom Alliance
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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