Texas Cottage Food Law: Labeling and Sales Guide
Cottage food regulations for Texas — sales limits, allowed and prohibited products, labeling requirements, and where you can sell direct-to-consumer.
Quick Answer
Texas allows individuals to produce cottage food in private homes for direct-to-consumer sale up to $50,000 annually under the Texas Cottage Food Production Operation law. No permit or inspection is required. Food handler training (a basic certificate program, typically $7-15 online) is required. Texas cottage food can be sold directly at farmers markets, roadside stands, online for in-state delivery, and through some events — but NOT to retailers, restaurants, or institutions for resale, and NOT shipped across state lines.
Texas Cottage Food Law: At a Glance
| Law / Program | Texas Cottage Food Production Operation Law |
| Enacted / Last Amended | 2013 (original); expanded 2019, 2021 |
| Annual Sales Limit | $50,000 annually |
| Statute Citation | Texas Health & Safety Code §437 + DSHS rules 25 TAC §229.660-229.672 |
| Enforcing Agency | Texas Department of State Health Services (DSHS) |
Allowed Cottage Food Products
- ✓Baked goods (bread, cookies, cakes, pastries without cream/custard fillings)
- ✓Candy and confections
- ✓Coated/uncoated nuts
- ✓Dried fruit, dried herbs, dried beans
- ✓Dry mixes (cake mix, pancake mix, dry seasonings)
- ✓Fermented vegetable products (sauerkraut, kimchi — added in 2019 expansion)
- ✓Honey and pure maple syrup
- ✓Jams, jellies, fruit butters with high-acid fruits
- ✓Pickles (with proper acidification)
- ✓Popcorn (plain, kettle, caramel)
- ✓Roasted coffee beans and dry tea
- ✓Vinegars and dry pasta
Products NOT Permitted Under Cottage Food
- ✗Meat, fish, poultry, eggs (except eggs unbroken in shell)
- ✗Dairy products requiring refrigeration
- ✗Low-acid canned vegetables (carrots, beans without acidification)
- ✗Cream-filled or custard-filled baked goods
- ✗Frozen foods generally
- ✗Pet treats and pet food
Where You Can Sell
- •Direct sales at farmers markets, roadside stands, and similar venues within Texas
- •In-person at the cottage food producer's home
- •At local festivals, charity events, and food fairs
- •Online sales for direct delivery within Texas (no shipping across state lines)
- •NOT permitted: wholesale to retailers, restaurants, or institutions for resale
- •NOT permitted: interstate shipping or out-of-state sales
Texas Cottage Food Labeling Requirements
- 1Product name
- 2Producer's full name (the cottage food operator)
- 3Address of the home where the food was prepared
- 4Net weight or volume
- 5Ingredient list in descending order by weight (allergens highlighted per FALCPA)
- 6Disclaimer: "This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department."
- 7For products with major allergens: "Contains" statement listing all 9 major allergens (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame)
Texas Cottage Food FAQs
Do I need a permit to start a Texas cottage food business?
No permit or inspection is required under Texas cottage food law. You must complete a food handler training course (Texas-approved, ~$7-15 online) before starting. The training certificate must be available for inspection if requested by Texas DSHS or a county health authority.
Can I sell my Texas cottage food at H-E-B or other grocery stores?
No. Texas cottage food law only permits direct-to-consumer sales. Selling wholesale to grocery stores, restaurants, schools, or other retailers for resale is not permitted — it triggers full FDA labeling and Texas commercial food manufacturer licensing requirements.
What changed in the 2019 expansion?
The 2019 expansion added fermented vegetable products (sauerkraut, kimchi) and certain pickled vegetables to the permitted list, provided they meet specific acidification standards (pH 4.6 or lower). The expansion also clarified that mail-order delivery is permitted within Texas (but not across state lines).
Can I ship cottage food to other states?
No. Texas cottage food is restricted to in-state sales. Interstate commerce (including shipping to buyers in other states) triggers full FDA compliance and is not permitted under Texas cottage food law. To ship interstate, you need a commercial kitchen license and full FDA-compliant labels.
What if I sell at a Texas farmers market that also draws out-of-state visitors?
Sales to out-of-state customers at a Texas farmers market are permitted under cottage food law because the transaction occurs in Texas. The customer carries the product home themselves — you are not shipping it interstate. This is a fine distinction the DSHS has clarified in guidance.
What is the Texas food handler training requirement?
Cottage food operators must complete a Texas-accredited food handler training course before selling. The course covers food safety, allergen handling, and basic sanitation. Most online courses cost $7-15 and take 1-2 hours. Certificates are valid for two years and must be renewed.
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