Texas Cottage Food Law 2026
Last reviewed:
No License Needed
Limit: $150,000 / Year
⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Baked goods
- ✓Candy
- ✓Nuts
- ✓Fruit butters
- ✓Pickles
- ✓Popcorn
- ✓Roasted coffee
- ✓Non-TCS desserts (expanded Sep 2025)
Prohibited
- ✕Meat/poultry
- ✕Seafood
- ✕Ice/ice products
- ✕Low-acid canned goods
- ✕Raw milk
- ✕CBD/THC products
Labeling Protocols
01Operator name + home address OR DSHS-issued unique ID
02Common product name
03Major food allergens
04Statement (ALL CAPS, 12-pt min): 'THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.'
FAQs
Do I need a permit?
No. Under SB 541 (effective Sept 1, 2025), no state or local permit, license, or inspection is required for cottage food production operations. Accredited food handler training is required.
What is the sales cap?
$150,000 gross annual sales, indexed to CPI starting 2026 (Tex. H&S Code §437.001).
Can I ship foods via mail carrier?
No. Shipping via USPS/UPS/FedEx is not permitted. Online orders are allowed only when delivered in person by the operator, an employee, or a household member to a Texas resident.
Can I sell cheesecake or other refrigerated foods?
Yes — since Sept 2025, TCS (time/temperature control for safety) foods can be sold direct-to-consumer with DSHS registration, a date-of-production label, and a safe-handling statement.
Can I sell wholesale to stores?
Yes for non-TCS foods, via a registered cottage food vendor that posts the required disclosure sign (SB 541).
What Comes Next
After You Verify Compliance: Your Next 4 Steps
Some links below are affiliate links — we earn a small commission at no cost to you. We only recommend services we'd suggest to a friend. Full disclosure.
- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for Texas.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Required in Texas
Complete Food Safety Training
Texas requires a recognized food safety certification before you can sell. Learn2Serve offers an ANSI-accredited course you can complete online in a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the Texas-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
At a Glance
Permit Fee
$0
No permit or fee. Accredited food handler training required (~$5–10). Sales cap is indexed to CPI starting 2026 — check DSHS for the current-year figure.
Renewal
Food handler card every 2 years
Shipping