Last verified 16 Sep 2026 · Sources
Texas lets you sell most non-hazardous foods from home directly to consumers with no permit. You can make up to $150,000 a year in gross cottage food sales, as long as you’ve completed food handler training.
The label rule that matters most is the disclaimer. The statute sets an exact sentence, printed in capital letters, and you can’t paraphrase it. You only need a real Nutrition Facts panel once your product carries a nutrient content or health claim, or your business starts selling in a way the cottage food exemption doesn’t cover.
| Quick facts | Texas |
|---|---|
| Revenue cap | $150,000/yr gross, inflation-adjusted |
| Permit or registration | None; DSHS registration only for TCS foods/vendors |
| Sales channels | Direct, online (personal delivery), wholesale via registered vendor |
| Online sales | Yes, with personal delivery only |
| Required label statement | “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” |
| Nutrition Facts panel | Not required unless you make a nutrient claim or sell outside the exemption |
| Administered by | Texas Department of State Health Services (DSHS) |
| Governing law | Texas Health & Safety Code ch. 437 (Cottage Food Production) |
What Texas lets you sell from home
Health and Safety Code §437.001(2-b) defines what a cottage food production operation can make. Instead of listing every allowed item, it names what’s left out. That’s meat, poultry and their products, and seafood, fish, shellfish and their products. It also leaves out ice products such as ice cream, frozen custard, popsicles and shaved ice. Low-acid canned goods, products with CBD or THC, and raw milk or raw milk products are out too (Health & Safety Code Ch. 437, DSHS).
Everything else is allowed. In practice that covers baked goods, candy, coated and roasted nuts, dried fruit, dry mixes, honey, jams, jellies and preserves, popcorn, vinegar, and pickled and fermented foods. Fermented and acidified products have been allowed since Senate Bill 572 (2019).
Since Senate Bill 541 (2025), you can also sell certain time/temperature-control-for-safety (TCS) baked goods. These are items that need refrigeration to stay safe. You can only sell them after you register that product line with DSHS. TCS sales without registration stay outside the exemption (DSHS, SB 541, 89th Leg.).
Do you need a permit, and is there a sales cap?
For regular cottage food sales, you pay no license, permit or fee to DSHS or any local health department. §437.0192 bars local governments from charging one.
Two narrower registrations exist. If you want to sell TCS cottage foods, that operation has to be registered with DSHS. Anyone acting as a “cottage food vendor” (buying cottage food at wholesale to resell) must register too (Health & Safety Code §437.01953, §437.01965, DSHS). Registering also lets you print a DSHS-issued ID number on your label instead of your home address.
Anyone who makes, prepares, packages or handles cottage food must first finish a basic food handler training program accredited under Chapter 438, Subchapter D. A Food Manager Certification counts too (§437.0195).
The sales cap is $150,000 in annual gross income from cottage food sales, adjusted for inflation from here on. Senate Bill 541 (89th Legislature, Regular Session) tripled it from the old $50,000 cap, effective September 1, 2025 (§437.001(2-b)(B), SB 541 bill text). If your operation is newer, plan around the current figure. Many older guides still show the old $50,000 number.
Where can you sell?
Within Texas, you can sell direct in lots of ways. That includes home pickup, farmers markets, farm stands, festivals, and food-service or retail counters you staff yourself.
You can take orders online. But you, an employee or someone in your household has to deliver the food to the buyer in person. The customer also has to get the full label information before paying. The statute doesn’t allow shipping by UPS, FedEx or USPS (§437.0194).
Wholesale is now possible, but only one way. You can sell eligible non-TCS cottage foods to a DSHS-registered cottage food vendor. That vendor can then resell them at farmers markets, food service establishments and retail stores (§437.0194(a-1), DSHS). TCS cottage foods can’t be sold wholesale or donated at all. Nothing in the statute reaches beyond Texas. It has no rule for out-of-state or interstate cottage food sales.
What goes on your label?
Under Health & Safety Code §437.0193 and DSHS’s own checklist, every cottage food label needs these:
- The common or usual name of the product
- The name of the cottage food production operation
- The operation’s address, or a DSHS-issued identification number in its place if registered
- The specific major food allergen(s) present (eggs, tree nuts, soy, peanuts, milk, wheat, or sesame), each named, not covered by a blanket “contains allergens” statement
- A unique batch number, for pickled, fermented, or plant-based acidified canned goods
- For TCS cottage foods only, the production date and a safe-handling statement in at least 12-point type
- The required disclaimer, printed in capital letters
“THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”
(Health & Safety Code §437.0193(b)(2), as amended by SB 541, 89th Leg., eff. Sept. 1, 2025)
Unlike many states, Texas doesn’t require an ingredient list in descending order on the label. DSHS’s own checklist doesn’t include one. Naming ingredients is still a good idea for buyers who watch for allergens. It also makes it easier to move to a compliant packaged-food label later.
When do you need a Nutrition Facts panel?
Cottage food sold under Texas’s exemption is exempt from FDA nutrition labeling until one of two things happens.
The first is a nutrient content or health claim. Say a label, a farmers-market sign or even an Instagram caption says something like “low sugar” or “high protein.” That claim then needs numbers behind it in a compliant format under 21 CFR 101.9. The exemption doesn’t cover claims, wherever they appear.
The second is how you sell. Going past the cottage food exemption’s own limits puts your business under standard food-labeling rules, Nutrition Facts included. That covers true wholesale to an unregistered buyer, out-of-state sales, or moving product into a commercial kitchen’s distribution.
If your panel is ready before a retail account asks for one, you can take the account instead of asking for time. Enter your recipe and see your label free, with no credit card required. The free preview shows your label’s shape, your calorie count, the claims you qualify for and your allergen line. Every other value and %DV stays hidden until you buy a Single Product or the Studio plan. A one-time $29 Single Product gets you the full panel in every FDA format your product qualifies for, plus your ingredient statement and allergen declaration, ready to print. Or send us the recipe and we build it for you. Start your label, or compare other states in our cottage food laws guide.
Texas cottage food FAQ
Do I need a permit to sell homemade food in Texas?
No. DSHS and local health departments can't require a license, permit or fee for direct cottage food sales (Health & Safety Code §437.0192). You only register if you sell TCS foods or work as a cottage food vendor buying wholesale.
What is the Texas cottage food revenue cap in 2026?
$150,000 in annual gross income from cottage food sales, adjusted each year for inflation. Senate Bill 541 raised this from the old $50,000 cap, effective September 1, 2025 (§437.001(2-b)).
What exact wording does my Texas cottage food label need?
The label must state, in capital letters, exactly: THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION (Health & Safety Code §437.0193(b)).
Can I sell homemade food online in Texas?
Yes. You can take orders online. But the statute says you, an employee or someone in your household has to deliver the food to the buyer in person. Nothing in it allows shipping by common carrier.
Can I sell my cottage food to a Texas store now?
Only through a DSHS-registered cottage food vendor. That vendor can resell eligible non-TCS products at farmers markets, food service establishments and retail stores. Selling wholesale straight from you to an unregistered store isn't covered by the exemption.
Are pickled and fermented foods allowed under Texas cottage food law?
Yes. Acidified/pickled and fermented vegetable products have been allowed since Senate Bill 572 (2019). Each batch needs its own batch number on the label.
Nearby states
If you sell into a neighboring state, that state’s rules apply there. Nearby states are Louisiana, Arkansas, Oklahoma, New Mexico. See the full state-by-state table.