Texas Cottage Food Laws

Texas lets individuals and some nonprofits make food at home and sell it without a food permit as a cottage food production operation. SB 541, which took effect Sept. 1, 2025, opened the law to most foods, raised the sales cap to $150,000 a year adjusted for inflation and allowed sales through registered cottage food vendors. This guide covers what you can sell, how you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Texas Department of State Health Services, or DSHS, or with an attorney, before you start selling.

Quick facts

• A cottage food production operation may make any food at home except the categories the law lists, such as meat, seafood, ice cream and low-acid canned goods. Effective Sept. 1, 2025. Tex. Health & Safety Code 437.001(2-b); SB 541 (2025)
• Annual gross income from these foods must be $150,000 or less, adjusted each year by DSHS for inflation. Tex. Health & Safety Code 437.001(2-b)(B)
• Sales must be directly to consumers or to a cottage food vendor. Tex. Health & Safety Code 437.001(2-b)(C)
• Operations that sell time and temperature control for safety, or TCS, foods must register with DSHS. Tex. Health & Safety Code 437.01953; Texas DSHS cottage food page
• Internet sales are allowed in Texas only if the operator, an employee or a household member personally delivers the food. Tex. Health & Safety Code 437.0194
• Labels must carry the statement "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." Tex. Health & Safety Code 437.0193(b)

What the law calls it

• Texas law uses "cottage food production operation" for the home business and "cottage food vendor" for a Texas business that sells on the operation's behalf under a contract. "Home bakery" is an everyday name, not a legal category. Tex. Health & Safety Code 437.001(2-b), (3)

Foods you can sell

• Any food other than the excluded categories, including baked goods, candy, jams, pickles and other foods. TCS foods are allowed with DSHS registration. Tex. Health & Safety Code 437.001(2-b)(A); Tex. Health & Safety Code 437.01953

Foods you cannot sell

• Meat, meat products, poultry and poultry products; seafood, fish and shellfish products; ice and ice products, including shaved ice, ice cream, frozen custard, popsicles and gelato; low-acid canned goods; products containing CBD or THC; and raw milk and raw milk products. Tex. Health & Safety Code 437.001(2-b)(A)

Sales limit

• $150,000 in annual gross income from cottage food sales, as DSHS adjusts annually for inflation using the CPI-U. The limit was $50,000 before Sept. 1, 2025. Tex. Health & Safety Code 437.001(2-b)(B); SB 541 (2025)

Where and how you can sell

• Directly to consumers, with delivery at the point of sale or another place the consumer chooses. Tex. Health & Safety Code 437.001(2-b)(C)-(D)
• Online: allowed in Texas only if the operator, an employee or a household member personally delivers the food, and the label information is posted on the website before payment. Tex. Health & Safety Code 437.0194
• Mail order: SB 541 removed mail order from the law's allowed sales methods. SB 541 (2025)
• Shipping to other states: not covered. The law covers sales in Texas. Tex. Health & Safety Code 437.0194
• Wholesale: not allowed, except that an operation may sell to a cottage food vendor at wholesale food other than the excluded foods listed in 437.002(2-b)(A)(i)-(vi) or TCS food. A cottage food vendor is a Texas business that has a contract with the operation and sells to Texas consumers. Tex. Health & Safety Code 437.0194(a)-(a-1); Tex. Health & Safety Code 437.001(3)
• Vendors must register with DSHS and may sell at farmers markets, farm stands, food service establishments and retail stores. Tex. Health & Safety Code 437.01965(a), (d); Texas DSHS cottage food page
• SB 541 also added a section exempting operations that wholesale cottage food for resale from DSHS manufacturer licensing. It appears to conflict with the wholesale ban, so ask DSHS before selling wholesale. Tex. Health & Safety Code 437.0191(c)

Labeling rules

• Foods must be packaged to prevent contamination unless too large or bulky. Tex. Health & Safety Code 437.0193(a)
• Labels must show the operation's name and address and the statement "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." Tex. Health & Safety Code 437.0193(b)
• An operation that registers with DSHS may use its DSHS identification number instead of its address. Tex. Health & Safety Code 437.0193(b-1)
• TCS foods need the date made and, in at least 12-point type on the label, invoice or receipt: "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption." Tex. Health & Safety Code 437.0193(e)
• Cottage food vendors must post a sign with the same disclosure near the food. Tex. Health & Safety Code 437.01965(b)
• Food sold through a cottage food vendor must also show the date it was made. Tex. Health & Safety Code 437.01965(c)

Permits, registration and training

• No state food permit is needed. Registration with DSHS is required to sell TCS foods and optional for using an ID number in place of a home address. Tex. Health & Safety Code 437.0193(b-1), 437.01953; Texas DSHS cottage food page
• The law requires operators to complete food handler training. Tex. Health & Safety Code 437.0195(a)-(b)

Zoning, HOAs and local rules

• A local government, including a local health department, may not regulate production at a cottage food production operation or require a license, permit or fee to make or sell allowed foods directly to a consumer or cottage food vendor. Tex. Health & Safety Code 437.0192(a)
• Zoning, deed restrictions and HOA rules may still apply, so check with the city and the HOA.

Inspections

• Cottage food production operations are not routinely inspected, and local governments may not regulate production at them. DSHS may still act on complaints and illness reports. Tex. Health & Safety Code 437.0192(a); Texas DSHS cottage food page

When you need a permit instead

• A food establishment permit or manufacturer license is needed to sell excluded foods, to sell to businesses that are not registered cottage food vendors, to exceed the sales limit or to sell outside Texas. Tex. Health & Safety Code 437.001(2-b)

Timeline

• Sept. 1, 2025: SB 541 takes effect, allowing most foods, raising the cap to $150,000, adding cottage food vendors and changing the label statement. SB 541 (2025)
• Oct. 13, 2026: this page was last reviewed against SB 541 and DSHS guidance.

Frequently asked questions

Do I need a permit to sell cottage food in Texas?

No state food permit is needed, but you must register with DSHS to sell TCS foods. Sources: Tex. Health & Safety Code 437.01953; Texas DSHS cottage food page.

What is the Texas cottage food sales limit?

$150,000 in annual gross income, adjusted each year for inflation by DSHS. Source: Tex. Health & Safety Code 437.001(2-b)(B).

Can I sell cottage food online in Texas?

Yes, within Texas, if you, an employee or a household member personally delivers the food and the label information is posted before payment. Source: Tex. Health & Safety Code 437.0194.

Can I ship cottage food in Texas?

No. SB 541 removed mail order, and internet sales must be personally delivered. Sources: SB 541 (2025); Tex. Health & Safety Code 437.0194.

Can I sell to stores or coffee shops?

Only through a registered cottage food vendor: a Texas business with a contract with you that sells non-TCS foods to Texas consumers. Sources: Tex. Health & Safety Code 437.0194; Texas DSHS cottage food page.

Can I sell cheesecake or other refrigerated foods?

Yes, if you register with DSHS, keep the food at a safe temperature and follow the TCS label rules. Source: Tex. Health & Safety Code 437.0193(e), 437.01953.

What foods are banned under the Texas cottage food law?

Meat, poultry, seafood, ice and frozen desserts such as ice cream, low-acid canned goods, CBD or THC products and raw milk products. Source: Tex. Health & Safety Code 437.001(2-b)(A).

What does the Texas cottage food label need to say?

Your operation's name and address, or DSHS ID if registered, and "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." Source: Tex. Health & Safety Code 437.0193(b)-(b-1).

Can my HOA stop my cottage food business?

The law bars local governments from regulating production or requiring local permits for allowed sales. It does not mention private deed restrictions, so check your HOA documents. Source: Tex. Health & Safety Code 437.0192(a).

Official sources

• Texas Health and Safety Code chapter 437
• SB 541, 89th Legislature, enrolled text
• Texas DSHS: Texas Cottage Food Production

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Texas Department of State Health Services, or DSHS, or with an attorney, before you start selling.