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Cottage food laws

Texas Cottage Food Law

Can you sell homemade food from your home kitchen in Texas? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Cottage Food Production Operation
Annual sales cap
$150,000
Where you can sell
Direct/in-personFarmers marketsHome pickupOnline/mail (in-state)Wholesale to third-party vendors (per SB 541)
Registration / to start
Food-handler's license required; register with DSHS if selling TCS foods or using a unique label ID; local licensure prohibited
Allowed foods
Non-TCS foods; certain TCS foods per DSHS rules; expanded allowable list under SB 541
Not allowed
TCS foods outside DSHS-approved scope; interstate sales
When you need a commercial / commissary kitchen
Exceeding $150,000, selling unapproved TCS foods, or interstate requires a licensed kitchen
Administered by
Texas Department of State Health Services (DSHS) · Tex. Health & Safety Code Ch. 437; SB 541 (2025)

Source: Texas Department of State Health Services (DSHS). Cottage food laws change often — confirm current rules before selling.

Good to know

SB 541 (effective Sept 1, 2025) tripled the cap from $50,000 to $150,000 (inflation-adjusted going forward), expanded allowable foods, enabled wholesale to third-party vendors, allowed address omission on labels, made nonprofits eligible, and prohibited local licensure.

Outgrowing cottage food? When you need a licensed kitchen, see Texas food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in Texas?
Yes. Texas has a cottage food framework (Cottage Food Production Operation) that lets individuals make and sell certain non-hazardous foods from a home kitchen. Annual sales are capped at $150,000. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by Texas Department of State Health Services (DSHS).
What foods can I sell under Texas's cottage food law?
Non-TCS foods; certain TCS foods per DSHS rules; expanded allowable list under SB 541 Not allowed: TCS foods outside DSHS-approved scope; interstate sales
When do I need a commercial or commissary kitchen in Texas?
Exceeding $150,000, selling unapproved TCS foods, or interstate requires a licensed kitchen At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in Texas?
Food-handler's license required; register with DSHS if selling TCS foods or using a unique label ID; local licensure prohibited
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