Texas Cottage Food Law
Tier: Great. No or very high sales cap, broad product list, multiple sales channels including retail and online. Most home bakers can run a meaningful operation here.
150000
Almost all non-TCS (non-temperature-controlled) foods are allowed, including baked goods, candy, jams and jellies, pickles, dried herbs and spices, roasted coffee, granola, vinegar, acidified foods, fermented vegetable products, dried meats, and any food that is not a time-and-temperature control for safety food. Nonprofits may also operate under the cottage food framework as of SB 541 (2025).
Registration: No. Food handler cert: No.
Texas Health and Safety Code, Chapter 437 – Regulation of Certain Foods, Subchapter A – Cottage Food Production Operations
Verbatim excerpt(2-b) "Cottage food production operation" means an individual, operating out of the individual's home, or a nonprofit organization that: (A) produces at the individual's home or the home of an individual who is a director or officer of the nonprofit organization, as applicable, any food other than: (i) meat, meat products, poultry, or poultry products; (ii) seafood, including seafood products, fish, fish products, shellfish, and shellfish products; (iii) ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato; (iv) low-acid canned goods; (v) products containing cannabidiol or tetrahydrocannabinol; or (vi) raw milk and raw milk products; (B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A), as the department annually adjusts for inflation using the Consumer Price Index for All Urban Consumers (CPI-U); (C) sells the foods produced under Paragraph (A) directly to consumers or to a cottage food vendor; and (D) delivers products to the consumer or cottage food vendor at the point of sale or another location designated by the consumer or cottage food vendor.
Source: capitol.texas.gov/tlodocs/89R/billtext/html/SB00541F.htm →
Texas Cottage Food Law — Full PDF report
A comprehensive report covering the Texas statute, every county we've researched, and authoritative source URLs.
Download PDFWhere to verify Texas's rules
Texas Cottage Food Law — Official Guidance Summary
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Texas Department of State Health Serviceshttps://www.dshs.texas.gov/food-establishments/cottage-food-production-operations
Texas's cottage food rules are set by Tex. Health & Safety §437.001 et seq.. The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.
Program basics
- Texas Health and Safety Code, Chapter 437 – Regulation of Certain Foods, Subchapter A – Cottage Food Production Operations
- 150000
- No
- No
- No
Allowed products and sales channels
- Almost all non-TCS (non-temperature-controlled) foods are allowed, including baked goods, candy, jams and jellies, pickles, dried herbs and spices, roasted coffee, granola, vinegar, acidified foods, fermented vegetable products, dried meats, and any food that is not a time-and-temperature control for safety food.
- Nonprofits may also operate under the cottage food framework as of SB 541 (2025).
- Prohibited foods include meat and meat products, poultry or poultry products, seafood and fish products, ice or ice products (shaved ice, ice cream, frozen custard, popsicles, gelato), low-acid canned goods, products containing CBD or THC, and raw milk and raw milk products.
- Sales must be made directly to consumers or to a 'cottage food vendor' (a new category created by SB 541 in 2025 – a person with a contractual relationship who sells on behalf of the cottage food operation to consumers in-state). Cottage food products may not be sold as ingredients to a food service establishment.
- No retail grocery store or wholesale sales permitted under the pre-2025 framework; SB 541 (2025) adds the cottage food vendor intermediary option. Products must be delivered to consumer or vendor at point of sale or consumer-designated location.
Labeling
- Labels must include: the words 'MADE IN A HOME KITCHEN'; name of the product; list of ingredients and sub-ingredients in descending order of predominance by weight; net weight or volume; name, address, and phone number of the cottage food production operation; and any allergen information required by federal law.
- Labels may not make any claim about health benefits or contain any false or misleading information.
Statute excerpt
- (2-b) "Cottage food production operation" means an individual, operating out of the individual's home, or a nonprofit organization that: (A) produces at the individual's home or the home of an individual who is a director or officer of the nonprofit organization, as applicable, any food other than: (i) meat, meat products, poultry, or poultry products; (ii) seafood, including seafood products, fish, fish products, shellfish, and shellfish products; (iii) ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato; (iv) low-acid canned goods; (v) products containing cannabidiol or tetrahydrocannabinol; or (vi) raw milk and raw milk products; (B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A), as the department annually adjusts for inflation using the Consumer Price Index for All Urban Consumers (CPI-U); (C) sells the foods produced under Paragraph (A) directly to consumers or to a cottage food vendor; and (D) delivers products to the consumer or cottage food vendor at the point of sale or another location designated by the consumer or cottage food vendor.
Official sources
- State agency cottage food page: https://www.dshs.texas.gov/food-establishments/cottage-food-production-operations
- Statute: https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm
Summarized from official Texas cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
Texas Counties
254 counties tracked. Pick yours for the local zoning + health department links.
View all 254 counties →City zoning rules in Texas
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
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Texas cottage food law — FAQ
Do I need a license or permit to sell homemade food in Texas?
Yes — No. Food handler certification: No.
What foods can I sell under the Texas cottage food law?
Almost all non-TCS (non-temperature-controlled) foods are allowed, including baked goods, candy, jams and jellies, pickles, dried herbs and spices, roasted coffee, granola, vinegar, acidified foods, fermented vegetable products, dried meats, and any food that is not a time-and-temperature control for safety food. Nonprofits may also operate under the cottage food framework as of SB 541 (2025).
Is there a sales cap for cottage food in Texas?
150000
How good is Texas's cottage food law?
Texas is a Great-tier cottage food state by Crosodo's rating criteria. No or very high sales cap, broad product list, multiple sales channels including retail and online. Most home bakers can run a meaningful operation here.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Texas Department of State Health Services and your local health department before relying on this data.