Home Food Sales by State

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Can I sell food from home in Texas?

AllowedOnline: limitedNo shippingStores: limited
Yes. Texas lets you make certain foods at home and sell them, under the Cottage Food Production Operations. No state permit, license or registration is needed (training, a food handler card or local rules may still apply; see below). Sales cap: $150,000 a year (see details).
Not legal advice. This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.

Texas cottage food law at a glance

Home food sales allowedyes Cottage Food Production Operations
LawTex. Health & Safety Code ch. 437 (437.001(2-b), 437.0193-437.0196, 437.01953), as amended by SB 541 (89th Leg., 2025)
Sales cap$150,000 gross annual income (raised from $50,000 by SB 541, eff. Sept 1, 2025; the DSHS cottage food page states $150,000). SB 541 provides an annual CPI-U inflation adjustment by DSHS, but no adjusted figure was found published as of 2026-10-24
Permit or registrationnone. No permit or registration for non-TCS foods; local governments may not require permits or fees for them. Operators selling time/temperature-control (TCS) foods must register with DSHS. Optional DSHS registration ID lets operator omit home address from label. Operator must complete an accredited food handler training program (437.0195); helpers need training or supervision unless household members.
Sell in personyes
Take online orderslimited
Ship within the stateno
Ship to other statesno
Sell to shops and cafeslimited
Where you can sell, detailsSales direct to consumers or to a registered 'cottage food vendor' (non-TCS foods only; vendor may resell at farmers markets, farm stands, retail stores, food service). In-state internet sales only if operator, employee or household member personally delivers. SB 541 struck mail-order sales. Delivery at point of sale or location the buyer designates.

yes = allowed; limited = allowed with conditions; no = not allowed; unverified = we could not confirm it from an official source.

What foods can you sell from home in Texas?

Allowed: Since Sept 1, 2025, any food except the excluded list, including TCS foods (e.g., cream/custard pies, refrigerated baked goods) if registered and kept at safe temperatures. Common items: baked goods, candy, jams, pickles (acid), dried mixes, granola, fermented vegetables, frozen raw uncut produce.

Not allowed: Meat and poultry and their products; seafood/fish/shellfish; ice and frozen desserts (ice cream, shaved ice, popsicles, gelato, frozen custard); low-acid canned goods; products containing CBD or THC; raw milk and raw milk products.

Label requirements in Texas

Required statement: THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION. exact wording from an official source

Other label items: Legible label with: operation name and address (or DSHS-issued registration ID); the food's common or usual name; the major food allergens used in the product. Pickled, fermented and plant-based acidified canned goods: a unique batch number. TCS foods, and foods sold through a cottage food vendor: the date made. TCS foods also need a safe-handling statement in at least 12-point font (on label, invoice or receipt) beginning 'SAFE HANDLING INSTRUCTIONS' and advising refrigeration or freezing until preparation. Package foods to prevent contamination; for a food sold unpackaged, the label information goes on an invoice or receipt.

Selling from home in Texas? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels with Texas's required statement filled in. It also has this guide for all 50 states and DC. One-time price, and it works offline.

Get the toolkit Try the free cookie price check

Notes

SB 541 (2025, eff. 9/1/2025) is a major overhaul: cap $50k->$150k with CPI adjustment, open food list with exclusions, TCS foods allowed with registration, 501(c)(3) nonprofits may operate, new cottage food vendor channel, mail order removed, local regulation preempted. DSHS implementing rules and exact current inflation-adjusted cap not confirmed (DSHS page unreachable). Round 2 (2026-10-24): the current DSHS 'Texas Cottage Food Production' page was read. It states the $150,000 threshold, gives no inflation-adjusted amount, and says DSHS 'will adopt rules' to implement SB 541; the existing rule it cites is 25 TAC 229.661. It confirms that TCS sellers must register with DSHS (no state fee stated), the label statement above, personal delivery for online sales, and food handler training (an accredited food manager certificate may be accepted instead). No adopted SB 541 rules were found. capitol.texas.gov refused connections this session. Spot-check (2026-10-25): the DSHS page was re-read. It still gives $150,000 with no inflation-adjusted figure and no adopted SB 541 rules. Label items were added from it: common name, major allergens, a batch number for pickled, fermented and acidified canned goods, the date made for vendor-sold and TCS foods, and label information on an invoice or receipt for unpackaged foods.

Sources

Last checked: 2026-10-25 · confidence: high (high = key facts confirmed on an official page; medium = partly confirmed or secondary sources agree; low = a single secondary or outdated source). Summaries are our own wording, not the text of the law.

This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.

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