Texas Cottage Food Law 2026: Sales Limits, Rules & Requirements

"Cottage food" laws let home cooks and bakers make certain low-risk foods in their own kitchen and sell them legally, without a licensed commercial kitchen. Every state writes its own version of this exemption, and the rules on sales caps, permitting, and food safety training vary widely — see our full cottage food laws by state guide for the complete picture. This page covers Texas specifically, following the major update under Senate Bill 541.

SB 541 (2025) Reshaped Texas Cottage Food Rules

Food Handler Training Is Still Required

Yes — Texas requires food safety training for cottage food operators. Under Health & Safety Code Chapter 438(D), you need an accredited basic food safety or food handler course. A current Food Manager Certification satisfies this requirement instead, if you already hold one. This training requirement is unaffected by SB 541's expansion of sales limits and allowed foods — see our Texas food handler card requirements page for approved course options, and our guide on whether home bakers need a food handler card for more on how this compares across states.

No Permit, No Fee — With Two Exceptions

For basic direct-to-consumer sales, Texas requires no permit and no fee, ever — local health authorities are explicitly barred from imposing one. State-level registration with the Texas Department of State Health Services (DSHS) is only required if you (a) sell TCS/refrigerated foods, or (b) operate as a registered "cottage food vendor" reselling other producers' goods at markets or retail.

Inspections follow the same pattern: there are none for standard cottage food production, and local health departments are explicitly barred from regulating or inspecting it.

What Foods Are Allowed

Texas uses an exclusion list — everything is allowed except what's specifically named. Off-limits: meat, poultry, and seafood; ice products (ice cream, frozen custard, popsicles, gelato); low-acid canned goods; CBD/THC products; and raw milk. Newly allowed under SB 541: refrigerated/TCS foods such as cheesecakes, cream pies, cut produce, and cheese — but only if you register as a TCS seller with DSHS. High-acid canned, pickled, and fermented items are allowed, with batch-number labeling.

Sales Channels

Unlimited direct sales from your home are allowed. Selling at farmers markets, retail, or restaurants requires registering as a "cottage food vendor." Wholesale to a registered vendor is allowed for non-TCS foods. Online sales are permitted, but Texas law requires personal delivery by the operator, an employee, or a household member — shipping through a common carrier like USPS or UPS is not clearly allowed under current rules, so don't assume it's covered without checking DSHS directly. Samples are allowed anywhere, and donations of non-TCS foods are permitted.

Labeling Requirements

Labels need your operation's name and address (or a DSHS ID number in place of the address), the product name, and a mandatory disclosure statement to the effect of "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION" — confirm the exact required wording on DSHS's website rather than treating this as a guaranteed verbatim quote. Allergen disclosure (the 9 federal major allergens) is recommended. TCS foods additionally need a date-made mark and a safe-handling statement in at least 12-point font.

Frequently Asked Questions