Texas Cottage Food Laws

Comprehensive Guide to Texas Cottage Food Laws

This guide provides a detailed, actionable overview of Texas cottage food laws under SB 541 (effective September 1, 2025) and related regulations. It covers what foods are allowed, registration requirements, labeling, training, sales venues, and more, using current official sources.

Quick Facts

Introduction / Overview

Texas cottage food law (via SB 541) modernizes and expands how home-based food entrepreneurs—known as Cottage Food Production Operations (CFPOs)—can operate. Effective September 1, 2025, new provisions allow broader allowable foods, new registration processes, and standardized rules that preempt local government overreach (dshs.texas.gov).

Sales Limits

SB 541 increases the annual gross income threshold to $150,000 for CFPOs, allowing for higher-scale operations without triggering more burdensome regulations (dshs.texas.gov).

Licensing & Registration

• CFPOs that sell Time and Temperature Control for Safety (TCS) foods must register with DSHS and may use their registration number on the label instead of their home address (dshs.texas.gov).
• Cottage food vendors (who buy from CFPOs at wholesale and sell on their behalf) must also register (dshs.texas.gov).
• No permit or fee may be required by local public-health entities for CFPOs selling directly to consumers or providing samples—this is explicitly prohibited (dshs.texas.gov).

Training Requirements

Operators must complete a basic food safety education or training program for food handlers accredited under Health and Safety Code Chapter 438 (D) (dshs.texas.gov).

Home Kitchen Inspection

CFPOs are exempt from Texas Food Establishment Rules and not subject to inspection by local health departments—unless there is an emergency threat to human life or health. Local authorities also cannot require permits or fees for CFPO operations (dshs.texas.gov).

Allowed Foods

Under SB 572/SB 541, CFPOs may produce a wide range of foods, including:

• Baked goods that are not potentially hazardous
• Candy; coated/uncoated nuts; unroasted nut butters; fruit butters; jams or jellies; fruit pies; dehydrated fruits/vegetables (including dried beans); popcorn snacks; cereal (e.g., granola); dry mix; vinegar; pickled vegetables (e.g. beets and carrots); mustard; roasted coffee or dry tea; dried herbs or herb mixes (capitol.texas.gov). Additionally, acidified canned goods or fermented products require DSHS approval before sale: operators must submit the recipe and process description, and obtain approval (capitol.texas.gov).

Prohibited Foods

CFPOs may not produce or sell:

• Meat, meat products, poultry or poultry products;
• Seafood, fish, shellfish or related products;
• Ice or ice products (e.g., ice cream, popsicles);
• Low-acid canned goods not approved as acidified;
• Products containing cannabidiol (CBD) or tetrahydrocannabinol (THC);
• Raw milk or raw milk products (dshs.texas.gov).

Labeling Requirements

Labels must include:

• Legible writing; name of CFPO; address or unique ID number (instead of address);
• Common or usual product name;
• Allergy ingredients (eggs, nuts, soy, peanuts, milk, wheat, sesame) must be listed;
• Disclosure: “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”
• For pickled, fermented, or plant-based acidified canned goods: a unique batch number;
• For TCS foods:

1. Date the food was made on the label;
2. “SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption.” in at least 12‑point font, on the label or invoice/receipt (dshs.texas.gov).

• If sold by a vendor, must still include the date made on label (dshs.texas.gov).

Where You Can Sell

CFPOs may sell directly to consumers, including providing samples at any location (non‑TCS) (dshs.texas.gov). Online sales of TCS foods are allowed if:

• Consumer buys online;
• Operator (or their employee/household member) personally delivers the food;
• All labeling information required is provided on the website before payment;
• After payment, the operator provides address or unique ID on the label (dshs.texas.gov). CFPOs may sell at wholesale to registered cottage food vendors, except for TCS foods (dshs.texas.gov). Cottage food vendors may sell at farmers’ markets, farm stands, food service establishments, or retail stores, and must display the mandated disclosure sign prominently (dshs.texas.gov).

Sales Tax

Sources do not address sales tax requirements. Sellers should consult the Texas Comptroller’s Office regarding whether cottage food products are taxable—this information was not found in the approved sources.

Special Exemptions / Notes

• Local authorities may not require permits, inspections, or fees from CFPOs for direct sales or samples (dshs.texas.gov).
• CFPOs are exempt from Texas Food Establishment Rules unless emergency action is needed to protect public health (dshs.texas.gov).
• DSHS must approve acidified canned goods or fermented products before sale (capitol.texas.gov).

Getting Started: Practical Steps

1. Complete accredited food handler training per HSC Chapter 438(D).
2. Register with DSHS if selling TCS foods—or if operating as a cottage food vendor or CFPO wholesaling to vendors.
3. Obtain DSHS approval before selling acidified or fermented goods—including recipe/process submission.
4. Create compliant labels, including unique ID or address, product name, allergens, disclosure, batch number (if required), date made, and safe-handling statement in 12‑point font for TCS.
5. Sell directly, via personal delivery online, or via registered vendors at approved venues.
6. Keep records of registrations, approvals, and labels; prepare to provide information if there is a complaint or health concern.

Official Resources

• Texas DSHS Cottage Food Production Operations page — official DSHS guidance (dshs.texas.gov)
• SB 572 / SB 541 bill text, Texas Health & Safety Code §§ 437.001, 437.01951 legalization — for exact statutory language (capitol.texas.gov)
• Texas DSHS accredited food handler training page — for training providers (redirected) (dshs.texas.gov)

Official Sources

This guide was compiled from the following official sources:

• www.dshs.texas.gov
• www.dshs.texas.gov
• capitol.texas.gov
• capitol.texas.gov
• www.dshs.texas.gov

Important Notes

⚠️ Sales tax rules are not covered—consult Texas Comptroller.

⚠️ Some label or venue specifics may be further detailed in DSHS rulemaking post‑September 2025; verify for updates.

⚠️ Shipping (mail/courier) rules are not addressed in sources—seek clarification before attempting.