Cottage Food Laws in Texas

permissive

Complete guide to cottage food and bakery regulations in Texas. Updated for 2026.

General information, not legal advice. Cottage food laws change frequently — verify with the official source before launching your business. Report an error. Last verified: May 2026.

Annual Sales Limit$150,000 per year (SB 541, effective September 1, 2025)
License RequiredNoNo state license required for non-TCS cottage food. CFPOs selling TCS foods must register with DSHS. SB 541 (eff. 2025-09-01) raised the cap to $150,000 and authorized retail sales via registered cottage food vendors.
Kitchen InspectionNo kitchen inspection required (health departments lack regulatory authority over cottage food production operations).
Online SalesAllowedOnline sales and delivery permitted. Retail sales via registered cottage food vendors authorized under SB 541.

Allowed Products

  • Baked goods
  • Candy
  • Jams and jellies
  • Dried herbs
  • Pickles (shelf-stable)
  • Any non-TCS food not on the prohibited list

Prohibited Products

  • Meat, meat products, poultry, and poultry products
  • Seafood, fish, shellfish, and related products
  • Ice and ice products (shaved ice, ice cream, frozen custard, popsicles, gelato)
  • Low-acid canned goods
  • Raw milk and raw dairy products
  • CBD and THC products

Labeling Requirements

  • Name and address (or DSHS-issued ID number) of the producer
  • Name of the product
  • Allergen statement
  • "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION"

Where You Can Sell

  • Farmers markets
  • Farm stands
  • Direct from home
  • Online
  • Community events
  • Delivery
  • Retail stores (via registered cottage food vendor)
  • Food service establishments

How Texas Compares

StateSales LimitLicenseOnlineLevel
Texas$150,000 per year (SB 541, effective September 1, 2025)NoYespermissive
OklahomaNo annual sales capNoYespermissive
ArkansasNo limit (Act 1040 of 2021, Food Freedom Act)NoYespermissive
Louisiana$30,000 per yearNoNomoderate
New MexicoNo statutory annual cap (Homemade Food Act, effective July 1, 2021)NoYespermissive

Frequently Asked Questions

Can I sell baked goods from home in Texas?

Yes. Texas allows direct-to-consumer sales of non-potentially-hazardous baked goods and other items up to $50,000/year without a license.

Can I sell cottage food online in Texas?

Yes. Online sales and delivery within Texas are permitted under the Texas Cottage Food Law.

Can I sell pickles as cottage food in Texas?

Yes, if they are shelf-stable pickles (acidified foods like pickled cucumbers). They must be a non-potentially-hazardous product.

Official source: Texas DSHS — Cottage Food Production

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