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Cottage food by state

Texas cottage food law: what you can sell and how

Texas allows most foods to be made at home and sold directly to consumers, with a list of exclusions. Senate Bill 541 raised the income limit and allowed some temperature-controlled foods with registration.

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Updated November 2026 by the Madeline's team, who set these tools up for makers and farms.

The short version

Texas cottage food operations can earn up to $150,000 in annual gross income. Most foods are allowed except meat, poultry, seafood, ice cream and other frozen ice products, low-acid canned goods, CBD or THC products and raw milk. Foods that need refrigeration are allowed only if you register with DSHS. Every operator needs food handler training.

Texas rules at a glance

  1. Who regulates

    The Texas Department of State Health Services (DSHS).

  2. Income limit

    $150,000 in annual gross income, raised by SB 541.

  3. Foods not allowed

    Meat and poultry and their products, seafood, ice and ice products including ice cream and popsicles, low-acid canned goods, products with CBD or THC, and raw milk and raw milk products.

  4. Refrigerated (TCS) foods

    Allowed, but you must register on the DSHS Online Licensing Registry and follow extra labeling rules, including the date made and a safe handling statement.

  5. Online sales

    Allowed when you personally deliver the food (or an employee or household member does), and the required label information is posted on your website before payment.

  6. Wholesale

    You may sell non-TCS cottage foods wholesale to a registered cottage food vendor, who then sells directly to consumers.

  7. Labels

    Include your name, address or DSHS registration number, the product name, major allergens, and the statement: THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION. Pickled, fermented and acidified products need batch numbers.

  8. Training

    Complete an accredited food handler course. A food manager certification is accepted in its place.

Check the source

  • Official source

    Texas DSHS: Cottage Food Production

    Rules change. Confirm the current figures and forms with the state before you start selling.

    Open the official page

  • Cottage food to commercial kitchen

    What changes when you outgrow the limits.

    Read the guide

  • Free tool

    Cost per jar calculator

    Price your cottage food products from what they really cost.

    Use the calculator

  • Food label requirements

    What a packaged food label needs, including allergens.

    Read the guide

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Questions

What is the Texas cottage food income limit?

$150,000 in annual gross income under SB 541.

Can I sell refrigerated foods under Texas cottage food law?

Yes, if you register with DSHS and follow the labeling rules for time and temperature control for safety foods.

Can I sell cottage food online in Texas?

Yes, when you or someone from your business or household delivers the food in person and the label information is on your website before payment.

Do I need a permit?

No retail food permit, but you need food handler training, and registration if you sell refrigerated foods.

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Tell us what you make and what you use today. A spreadsheet and a Square account is a fine answer. We reply by email with what we would keep, what we would change and what it costs.

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