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Texas Cottage Food Law, Tex. Health & Safety Code § 437.001 et seq., as amended by SB 541 (effective September 1, 2025)High confidence

Cottage food law · Texas

TexasCottage Food Law

Texas cottage food law — what actually applies when you sell from home.

Texas tripled its cottage food cap to $150,000 under SB 541 (effective September 1, 2025) and flipped to an exclusion model — you can now sell anything not on the prohibited list rather than only items from a state-approved list. It's one of the most permissive cottage food regimes in the country.

Why this matters

What Texas actually allows — and what it doesn't.

Texas Cottage Food Law, Tex. Health & Safety Code § 437.001 et seq., dramatically expanded by SB 541 (effective September 1, 2025).

SB 541 Major Changes:

Revenue cap tripled from $50,000 to $150,000, indexed to inflation annually

Exclusion model: Can sell ANY food except prohibited categories (vs. prior approved list)

Annual revenue cap

$150,000 a year.

Annual gross cap

$150,000

Texas Cottage Food Law, Tex. Health & Safety Code § 437.001 et seq., as amended by SB 541 (effective September 1, 2025)

Required label language

Every package carries a statutory disclaimer.

The disclaimer below must appear on every package, in the exact casing the statute specifies:

Required on every label

THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.

Texas Cottage Food Law, Tex. Health & Safety Code § 437.001 et seq., as amended by SB 541 (effective September 1, 2025)

Sales channels

Where you can sell in Texas — and where you can't.

Online ordering

YesYes

Shipping

YesYes

Seller delivery

YesYes

Third-party delivery (DoorDash, Uber Eats)

NoNo

Interstate sales

NoNo

Wholesale to retail stores

NoNo

Registration & permits

Texas does not require state registration.

Registration

Not required

Timeline

About 7 days

Labeling standard

Standard

Inspection

None

Food safety certification

Not required

Address privacy

Available

Via state unique id

Food categories

What usually sits outside this cottage food lane.

  • Meat
  • Meat Products
  • Poultry
  • Poultry Products
  • Seafood
  • Fish
  • Shellfish
  • Ice Products
  • Ice Cream
  • Gelato
  • Popsicles
  • Low Acid Canned Goods
  • Cannabis Cbd
  • Thc
  • Raw Milk

How to start

Steps to a legal first sale in Texas.

  1. Confirm your products qualify

    Compare your menu against Texas's cottage food lane. Temperature-controlled, meat, seafood, and low-acid canned items often require a different path; check the state-specific food categories above.

  2. Optional: register for address privacy

    Texas does not require registration, but offers an optional ID that replaces your home address on labels.

    Agency page
  3. Label every product correctly

    Every label must include your name (or registered ID), product name, ingredients, allergens, and the statute-required disclaimer verbatim.

  4. Start taking orders

    Texas allows online orders, in-state shipping, seller delivery. Route orders through your own channels — third-party couriers are not permitted here.

Frequently asked

Texas cottage food — your questions answered.

What can I sell under Texas cottage food rules after SB 541?

Since September 1, 2025, Texas uses an exclusion model: you can sell any food except those on the prohibited list. The prohibited list covers meat and poultry carcasses, seafood and fish, ice products (ice cream, gelato, popsicles), low-acid canned goods, CBD/THC products, and raw milk. TCS foods like cheesecakes, cream pies, and dairy-based items ARE allowed, but only if you complete free DSHS registration for TCS sales.

Do I need to register with the state to start selling?

No, not for basic cottage food sales. Registration is optional and free — its only purpose is address privacy, giving you a DSHS unique ID to put on labels instead of your home address. Registration is required (also free) if you want to sell TCS foods or wholesale through the new "cottage food vendor" category. Note: § 437.0195 explicitly prohibits local health departments from requiring their own permits or fees.

What's the $150,000 cap and what counts toward it?

$150,000 is your total gross annual sales from all cottage food activity — TCS and non-TCS combined. The figure is indexed to inflation annually. There's no separate cap for TCS products; they share the same ceiling. You're responsible for tracking your own revenue.

Can I sell through DoorDash or Uber Eats?

No. Texas explicitly prohibits third-party delivery apps for cottage food. You can sell online through your own website, Etsy, or social media; you can ship in-state via USPS, UPS, or FedEx; and you can deliver to the buyer yourself. Interstate shipping is not allowed.

What does my label need to say?

Your name and address (or your DSHS ID if you registered for privacy), the product name, ingredients, allergens, and the disclaimer — verbatim and in all caps: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." TCS products need a production date and a safe-handling instruction line in addition.

Texas cottage food laws: what is the short version?

Texas does not require state registration for the cottage food lane. The annual gross sales cap is $150,000. Texas allows online orders, in-state shipping, seller delivery for cottage food sellers in the current data.

Do I need a cottage food license in Texas?

Not for the cottage food lane in the current data. Texas may still have label, food-category, local zoning, or other business rules, so check the official source before you sell.

What foods can I sell from home in Texas?

Texas's cottage food lane is mainly for foods that do not need time or temperature control for safety. Common no-go categories include meat, meat products, poultry, poultry products, seafood.

About VibeKitchen

The storefront tool this guide comes from.

VibeKitchen is a storefront and order-management tool for home food sellers — your own ordering page, your own checkout, your own customers. This guide explains the local rule landscape; the product helps organize the orders, pickup windows, payments, and customer records once you decide how you want to sell.