Home food business guide · Last reviewed October 2026
Cottage Food Laws in Texas
Texas caps home food sales at $150,000. Getting started: No permit; food handler course; DSHS registration for TCS foods. Some foods that need refrigeration are allowed, with conditions, which is less common. Of the 40 common products in our finder, 32 can be made in a home kitchen in Texas, many with conditions.
Texas has one of the broadest cottage food laws in the country. Since SB 541, home producers can sell TCS foods, short for time/temperature control for safety, which are foods like cheesecake that need refrigeration to stay safe. The requirements are DSHS registration, holding the food at 41°F or below, and a safe-handling label. The sales cap is $150,000, and the basic path still has no permit or fee.
More freedom also means more responsibility for food safety. Keeping a cheesecake at 41°F at an outdoor market in July is a real cold-chain challenge. Pickled and fermented foods follow their own rules: they need an approved recipe source and a batch number on every jar, and a new recipe needs a DSHS determination. The law allows a lot, but the science of keeping food safe still applies at every step.
Quick facts
Sales cap
$150,000
Permit or registration
No permit; food handler course; DSHS registration for TCS foods
Online & shipping
Online orders delivered personally by you, an employee, or a household member
Sell through stores
Registered cottage food vendors resell at markets, stores, and restaurants; non-TCS wholesale to vendors
Refrigerated & TCS foods
Yes, with DSHS registration and a safe-handling label (SB 541)
Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.
How 40 common products are treated in Texas, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.
Allowed from a home kitchen
Sourdough bread. Baked goods are allowed. Texas now allows almost any food except a short prohibited list.
Cookies & brownies. Baked goods are allowed. Texas now allows almost any food except a short prohibited list.
Pumpkin pie. Pumpkin pie is a TCS food. Since SB 541, Texas allows TCS foods if you register with DSHS, keep them at 41°F or below, and add the safe-handling statement and production date.
Cheesecake. Cheesecake is a TCS food, allowed with DSHS registration, cold holding, and the safe-handling label.
Cake with buttercream. Allowed. If the frosting needs refrigeration, follow the TCS rules.
Cake with cream cheese frosting. Cream cheese frosting is a TCS food, allowed with DSHS registration and the safe-handling label.
Macarons. Allowed. Refrigerated fillings fall under the TCS rules.
Fruit tamales. Allowed, since the filling isn't meat.
Meat tamales. Meat and poultry products are prohibited for cottage food producers.
Beef jerky. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Meat products need USDA or state meat inspection, regardless of kitchen.
Ask the agency first
Vanilla extract. Alcohol-based extracts aren't addressed in DSHS guidance.
Garlic or herb-infused oil. Garlic or herbs in oil carry a botulism risk. DSHS asks for an official determination for unusual acidified or preserved products.
Home-cooked meals. Meals without meat, poultry, or seafood can qualify as TCS cottage food. Dishes with meat need a permitted kitchen.
Cheese & yogurt. Raw milk products are prohibited. Products made from pasteurized dairy aren't on the prohibited list but are TCS foods.
Cold-pressed juice. Juice isn't on the prohibited list, but fresh juice is a TCS food with special federal rules.
Kombucha. Not on the prohibited list, but alcohol content and fermentation control raise questions.
How to start selling from home
Make sure the product isn't prohibited: meat, poultry, seafood, ice products, low-acid canned goods, CBD or THC, and raw milk.
Complete an accredited food handler course.
Register with DSHS if you sell TCS foods (refrigerated or frozen). Anyone can register to use an ID number instead of a home address.
For pickled, fermented, or acidified foods, use an approved recipe source and number each batch. New recipes need a DSHS determination.
Label every item (see the checklist below).
Legal paths
Cottage food production
Where
Your home
Sell
Directly to consumers, in person or online with delivery by you, an employee, or a household member. Registered cottage food vendors can resell for you at markets, stores, and restaurants.
Sales cap
$150,000 gross per year
Paperwork
No permit or fee; food handler course; DSHS registration to sell TCS foods
Commercial kitchen
Where
A permitted commercial kitchen
Sell
Wholesale or retail, including meat and other foods outside cottage rules
Sales cap
None
Paperwork
DSHS Food Manufacturer license or local food establishment permit; usually FDA registration
Commercial canning
Where
Licensed commercial facility
Sell
Low-acid canned foods and acidified foods made beyond cottage rules
Sales cap
None
Paperwork
DSHS license, process authority review, FDA scheduled-process filing
Label requirements
Required by DSHS on cottage food labels (or on an invoice or receipt for unpackaged food).
“THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”. Required on every cottage food label.
Name of the operation
Home address, or your DSHS-issued ID number. For online sales, the address or ID can follow payment.
Common or usual name of the product
Major food allergens used. Milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame.
Batch number for pickled, fermented, and acidified products
TCS foods: production date and safe-handling statement. In at least 12-point type, beginning “SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen…”. It can go on the invoice or receipt.
Online sales: post the label information before payment
Turning a recipe into a product?
Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.