Texas cottage food laws
Rules change, so always confirm with the official Texas source.
The law: Texas cottage food production law, Health and Safety Code Chapter 437, amended by SB 541 effective September 1, 2025.
What you can sell
Most foods, including shelf-stable baked goods and registered temperature-controlled desserts, are allowed unless specifically excluded. Refrigerated foods must remain at 41°F or below and hot foods at 135°F or above.
What you can't sell
Meat, poultry, seafood, ice and frozen desserts, low-acid canned foods, CBD/THC products, and raw milk products are excluded.
Do you need a license or permit?
Complete accredited food-handler training; no ordinary food-establishment permit or local production fee is required. DSHS registration is mandatory for temperature-controlled foods and cottage-food vendors, and optional to replace your home address with an ID; a registration fee was not established from the reviewed guidance.
Sales limits
Annual gross income limit is $150,000, subject to statutory inflation adjustments; the October 2026 adjusted amount was not established.
Where you can sell
Direct sales and online orders are allowed, but online purchases must be personally delivered by the operator, an employee or a household member, not shipped by a carrier. Non-temperature-controlled foods may be wholesaled to registered Texas cottage-food vendors for consumer resale; temperature-controlled foods cannot be wholesaled or donated.
Label requirements
Include operation name, address or registered ID, product name, major allergens and “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” Temperature-controlled foods also need production date and, on label or receipt in at least 12-point type, “SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption.” Provide required information online before payment (address/ID may be supplied afterward on the label); vendor foods need production dates and specified preserved foods need batch numbers.
Good to know
The 2025 expansion replaces the former $50,000 framework. Confirm any final implementing rules and interstate-sale questions with DSHS before selling. Some details on this page could not be fully confirmed from official sources, so check with the state agency before you sell.
Pricing your products
Knowing your real cost per item matters as much as following the law.
Try Oven Elf free →General summary, not legal advice.
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