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StatePermissive

Texas cottage food rules

Review sales limits, online sales, registration, labeling, venues, shipping, foods, and source notes for this jurisdiction.

Sales limit

$150,000

Online sales

Yes

Registration

Not required

Training

Not required

Current law details

Start with the summary, then verify locally.

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.

Setup requirements

Registration, training, and labeling details.

These are the common operating requirements sellers check before launching or changing sales channels.

Registration

Required
No

Training

Required
No

Labeling

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

  • 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)

Sales channels

Allowed venues and fulfillment methods.

Confirm how customers are allowed to buy, receive, or pick up products before opening a sales channel.

Sales venues

Home sales
Allowed
Farmers markets
Allowed
Roadside stands
Allowed
Events
Allowed
Retail stores
Not allowed
Restaurants
Not allowed
Online
Allowed

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 and delivery

In-state
Allowed
Out-of-state
Not allowed
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.

Product categories

Allowed food categories.

Allowed and limited categories are only a planning aid. Check official guidance before selling a specific recipe.

Baked goods

Allowed

Candy and confections

Allowed

Jams and jellies

Allowed

Acidified foods

Allowed

Canned goods

Limited

Dried goods

Allowed

Perishables

Limited

Meat products

Not allowed

Dairy products

Limited

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.

Updates and cautions

Check these notes before making changes.

Recent updates and warnings are included to help you spot issues that may need extra verification.

Recent legislative updates

SB 541 (89th Legislature)

Effective: September 1, 2025

active

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

  • 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

Sources used for this summary.

Last updated: 2026-05-07. Use these sources as a starting point for current verification.

  • 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 rules change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.

Next step

Turn Texas rules into a clear ordering experience.

Use Cottage CMS to publish products, pickup windows, forms, disclosures, and order workflows after you verify the current local requirements.