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: August 2026.

Annual Sales Limit$150,000 per year (SB 541, effective September 1, 2025)
License RequiredNo — No 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 SalesAllowed — Online 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
Oklahoma$75,000 per year — rising to $250,000 on November 1, 2026 (HB 3720, Local Food Freedom Act)NoYespermissive
ArkansasNo limit (Act 1040 of 2021, Food Freedom Act)NoYespermissive
Louisiana$50,000 per year for low-risk foods (HB 403, effective August 1, 2026); bakery items have no dollar capNoNomoderate
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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