How to label cottage food in Texas (2026 guide)

If you sell baked goods from your home in Texas, every single item has to be labeled. The Texas Cottage Food Law — most recently updated by SB 541, effective September 1, 2025 — is one of the most baker-friendly in the country, but the labeling rules are specific. Get them wrong and you're not protected by the law.

This guide walks through exactly what goes on the label, gives you a copy-paste template, and covers the edge cases that trip people up (retail sales, refrigerated items, gluten-free claims).

Not legal advice. We're a small apparel brand that cares about home bakers. For anything serious, read the law directly or call the Texas Department of State Health Services.

The 5 required elements on every label

Per the Texas Cottage Food Law, every product label must include:

1. Your business name AND home address (OR your DSHS unique identifier if you registered on or after September 1, 2025 — most home bakers prefer this since it keeps your home address off every cookie box).
2. The common or usual name of the product. 'Classic Sourdough Loaf' works. 'Bob's Bread' does not, by itself.
3. Allergen disclosure for any of the 9 federal major allergens that are present.
4. The required disclaimer statement (exact wording below).
5. Proper packaging — the food must be packaged in a way that prevents contamination, unless it's too large or bulky (e.g. a wedding cake).

The 9 major allergens you must disclose

• Milk
• Eggs
• Fish
• Shellfish
• Tree nuts
• Peanuts
• Wheat
• Soy
• Sesame (added federally in 2023 — frequently missed)

You're not required to list every ingredient, but you must explicitly name the allergens present. 'May contain' hedging language isn't enough — if it's in there, name it.

The required disclaimer

This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.

Copy-paste label template

That's it. Five sentences. Print on a sticker, slap it on the bag.

The extra rules nobody mentions

Rule 1: TCS foods need extra info

If your product needs to stay refrigerated to be safe (cheesecake, anything with cream cheese frosting, custards, certain breads with TCS fillings), you must also include a production date on the label, register with DSHS, and sell directly to consumers only — no retail vendor sales.

Rule 2: pickled/fermented/acidified foods need a batch number

If you sell pickles, sauerkraut, fermented hot sauces, or anything similar that's been jarred, your label must also include a unique batch number that ties back to your production records. This is for traceability if there's ever a recall.

Rule 3: retail-vendor sales have additional requirements

If you're selling through a 'Cottage Food Vendor' — a third party like a coffee shop or local market selling your goods on your behalf — three things change: you must include the production date on every label even for shelf-stable items; the retailer must register as a Cottage Food Vendor with DSHS; and the retailer must display a sign near your products in ALL CAPS, at least 12-point font, stating 'THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.' Cf. Mansfield, TX 2026 guidance.

Rule 4: 'gluten-free' claims are tightly regulated

You can label your product gluten-free only if it actually meets the FDA definition — less than 20 parts per million of gluten — and you can substantiate that claim. Without lab testing, don't make the claim. Penalties for false health/dietary claims are enforced under 21 CFR Part 101 Subparts D and E.

Rule 5: you can split the label into two stickers

If everything won't fit on one sticker (especially common for small items like cake pops), you can split the required info across two labels on the same package. The law explicitly allows this.

What does NOT have to be on the label

• A complete ingredient list (only allergens are required — though listing ingredients is good practice for repeat customers)
• A nutritional facts panel
• A net weight, unless you're selling by weight
• Your phone number or email
• A logo or brand mark
• The county you produced it in
• Any state seal or government number, unless you've voluntarily registered

Common labeling mistakes to avoid

1. Forgetting sesame as a major allergen (added federally in 2023, but many older templates still list only 8 allergens).
2. Using 'may contain wheat' when the product actually contains wheat. State the allergen if it's present.
3. Leaving off the disclaimer because you printed business-card-style labels. The disclaimer is non-negotiable.
4. Selling unlabeled food samples at a farmers market without the disclaimer. If you're handing out a free taste, the rules still apply.
5. Listing a P.O. Box in place of your address. Use either your actual residential address or your DSHS unique ID.
6. Forgetting the production date for retail sales. This trips up bakers who start selling through a local cafe and don't realize their direct-sale labels are now non-compliant.

Quick checklist before you print

• Business name on label
• Home address OR DSHS unique identifier on label
• Product common name (not just a brand name)
• All 9 major allergens disclosed if present (including sesame)
• Required 'made in a home kitchen' disclaimer, verbatim
• Production date included if TCS or sold through a retail vendor
• Batch number if pickled/fermented/acidified
• Packaging prevents contamination
• Any health, dietary, or 'gluten-free' claims are substantiated

If all nine boxes are checked, you're good to sell.

Official sources

• Texas DSHS Cottage Food Production
• SB 541 summary at TexasCottageFoodLaw.com
• Crosodo Texas state guide

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