TX Cottage food law
Texas cottage food law
Texas cottage food law (Health & Safety Code, as amended by SB 541). Administered by Texas Department of State Health Services (DSHS).
- Permit
- No license or permit for most operators; local health departments may not require one. Registration with DSHS is required to sell time/temperature-controlled (TCS) foods.
- Sales cap
- $150,000 in annual gross sales (raised by SB 541)
- Where you can sell
- Direct to consumers, including online orders the operator or an employee personally delivers. Wholesale only to registered cottage food vendors (non-TCS foods). Samples allowed at any location. DSHS's page doesn't list shipping; confirm before mailing orders.
- Training
- The operator must complete an accredited food handler course.
Confirm with Texas Department of State Health Services. This is a summary of the official guidance listed under Sources, checked September 29, 2026. Official page
What you can make
Any food except the prohibited list, including TCS foods for operators registered with DSHS.
What you can't
Meat, poultry and seafood products; ice and frozen products (ice cream, gelato, popsicles); low-acid canned goods; products with CBD or THC; raw milk and raw milk products.
Label requirements
- "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION"
- Operation name and address, or DSHS registration number
- Product name and allergens
- For TCS foods: date made and the required safe-handling statement
Recent change
SB 541: public health entities had to comply beginning September 1, 2025.
Outgrowing your home kitchen
We list 3 rentable commercial kitchens in Texas, including Houston, San Antonio. See Texas kitchens.
Questions people ask
Do I need a permit to sell food from home in Texas?
No license or permit for most operators; local health departments may not require one. Registration with DSHS is required to sell time/temperature-controlled (TCS) foods.
How much can I sell under Texas's cottage food law?
$150,000 in annual gross sales (raised by SB 541)
Where can I sell cottage food in Texas?
Direct to consumers, including online orders the operator or an employee personally delivers. Wholesale only to registered cottage food vendors (non-TCS foods). Samples allowed at any location. DSHS's page doesn't list shipping; confirm before mailing orders.
What happens when I outgrow the cottage food law?
If you pass the sales cap or want to make foods the law excludes, you'll need a licensed kitchen. Renting time in a shared commercial kitchen is the usual next step; we list 3 rentable kitchens in Texas.
Sources
Last checked September 29, 2026.