Cottage food law
Texas cottage food laws, in plain English.
What you can make in your home kitchen in Texas, where you can sell it, how much you can earn and whether you need a permit. No legalese, just the facts.
Updated for 2026 · Always confirm with your state
At a Glance
SB 541 (effective September 1, 2025) expanded allowances to include TCS (time and temperature control for safety) foods — one of the most significant expansions of any state cottage food law. Requires DSHS registration to sell TCS foods. Excluded from ALL cottage food (TCS or not): meat carcasses / poultry carcasses (eggs are fine), seafood / fish / shellfish, ice or ice products (ice cream, frozen custard, popsicles, gelato, shaved ice), low-acid canned goods, CBD/THC products, raw milk and raw milk products. TCS-specific rules: (1) May only be sold direct-to-consumer — NOT eligible for wholesale through a Cottage Food Vendor. (2) Label must include the date the food was made. (3) Label or receipt must include in at least 12-point font: "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption." (4) Must be maintained at ≤41°F (refrigerated) or ≥135°F (hot-held) at all times.
Where You Can Sell
Texas cottage food vendors are permitted to sell through the following channels:
Non-TCS (shelf-stable) foods only may be sold at wholesale. Wholesale is restricted to sales to other DSHS-registered cottage food vendors — you cannot sell to grocery stores, restaurants, or general retailers directly. TCS (refrigerated) foods must always be sold direct-to-consumer; no wholesale of TCS products is permitted under SB 541. Annual sales cap is $150,000 across all channels combined.
Online Sales & Shipping
Online ordering is allowed, but the operator, an employee, or a household member must personally deliver the food to the consumer within Texas — carrier shipping (USPS/UPS/FedEx) is not permitted for online orders. Exception: if the original sale was made in-person (e.g., at a farmers market), the product may then be shipped within Texas via a carrier. At least one part of the transaction must involve an in-person component.
License & Permit Requirements
Annual Sales Limits
Cottage food sales in Texas cannot exceed this amount in a calendar year.
Acidified & Fermented Foods
Acidified foods include pickles, hot sauces, salsas, fermented vegetables, and other products with a pH at or below 4.6. These are regulated separately in most states.
Before selling acidified or fermented foods, Texas requires completion of an approved acidified food processing course (such as Better Process Control School) or lab-verified pH testing. Check with your state agency for approved providers.
Important Notes
SB 541 (effective Sept 1, 2025) raised the sales cap to $150,000/year (inflation-indexed) and dramatically expanded allowed products — including TCS foods (requires DSHS registration). Non-TCS foods may be sold through a registered Cottage Food Vendor at farmers markets, farm stands, restaurants, and retail stores. TCS foods are direct-to-consumer only. All CFPOs must complete an accredited food handler course. Vendors may register with DSHS to display a unique DSHS identifier instead of their home address on labels. The required cottage food label statement changed to all-caps verbatim statutory language. Excluded foods (for all sales): meat/poultry carcasses, seafood, ice cream and frozen desserts, low-acid canned goods, CBD/THC products, raw milk.
Official Sources
Always verify cottage food laws directly with your state agency — laws change, and we want you selling with confidence.
Information last updated: October 11, 2026. Cottage food laws change frequently — always confirm with your state.
Ready to sell in Texas?
Rules checked. Now open your shop.
A free Butter & Sage shop takes the orders, the payments and the pickup times, so you can stay in the kitchen. Neighbors in Texas find you on our map and order ahead.
- A free shop with your own look
- Pre-orders with pickup or delivery times
- Your shop on the local map and the farmers market directory
- Labels with your state’s required statement filled in
More free tools
Free tools for small food businesses.
No sign-up, no catch. Use them as often as you like.
- Bread CalculatorBaker's percentages to batch size, hydration and levain.
- Cake CalculatorGuest count to cake size, or cake size to servings, with a cutting map.
- Market Prep PlannerHow much to bring to market, with a safety buffer.
- Recipe Pricing CalculatorIngredients, labor and margin to a price that pays you.
- Recipe ScalerAny recipe up or down, with smart rounding.
- Cottage Food Label MakerA compliant label for your cottage food products.
- Brand Generator & Social StudioBooth signs, labels and posts that all match.Bloom
Checking another state? All 50 are here.
Every state’s cottage food law, side by side.
