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
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
YesYesShipping
YesYesSeller delivery
YesYesThird-party delivery (DoorDash, Uber Eats)
NoNoInterstate sales
NoNoWholesale to retail stores
NoNoLicense, permit & registration
Texas does not require state registration for basic cottage food sales.
Do you need a cottage food license or permit in Texas? For basic cottage foods, Texas does not require a separate license or permit — but other rules can still apply.
- 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
Foods the basic cottage food rules usually do not cover.
- 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.
Confirm your products qualify
Compare your menu against Texas's cottage food rules. Temperature-controlled, meat, seafood, and low-acid canned items often require a different path; check the state-specific food categories above.
Optional: register for address privacy
Texas does not require registration, but offers an optional ID that replaces your home address on labels.
Agency pageLabel every product correctly
Every label must include your name (or registered ID), product name, ingredients, allergens, and the statute-required disclaimer verbatim.
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.
How much is a permit to sell food in Texas?
There is no permit fee for Texas cottage food. Registration with DSHS is optional and free — its only purpose is address privacy — and it is also free (but required) for TCS or refrigerated foods under SB 541. The annual cap is $150,000, and local governments cannot add their own cottage food permit.
Can people cook food in their home and sell to the public in Texas?
Broadly yes, since SB 541 (September 1, 2025) moved Texas to an exclusion model: you can sell any food except the prohibited list. Refrigerated and TCS foods are allowed with free DSHS registration; meat and poultry carcasses, seafood, and a few other items stay off the list. Full hot restaurant service is a separate food-establishment path.
Can I sell tacos from home in Texas?
It depends on the taco. Shelf-stable taco components are simplest, while meat-filled or refrigerated tacos count as TCS foods that need free DSHS registration under SB 541's exclusion model. Fully hot, made-to-order restaurant service needs a food-establishment permit.
Can I sell tamales from home in Texas?
Yes, with care about the filling. Masa and vegetable tamales are the most straightforward; meat-filled or refrigerated tamales are TCS foods that require free DSHS registration under SB 541. That registration is no-cost, so the path to selling tamales is very achievable in Texas.
What disclaimer has to be on a Texas cottage food label?
Every Texas cottage food label must carry the exact disclaimer: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION." Alongside it you list your name and address (or your free DSHS ID if you registered for privacy), the product name, ingredients, and allergens. TCS or refrigerated foods add a production date and a safe-handling line about keeping the food refrigerated or frozen.
Can I sell Texas cottage food through DoorDash or Uber Eats?
No — third-party delivery apps like DoorDash and Uber Eats are prohibited for cottage food in Texas. You can still deliver orders yourself, offer pickup, and ship in-state via USPS, UPS, or FedEx, and you can take orders online or over social media. Interstate shipping is not allowed.
Texas cottage food laws: what is the short version?
Texas does not require state registration for basic cottage food sales. The annual gross sales cap is $150,000. Texas allows online orders, in-state shipping, seller delivery for cottage food sellers. Texas also has a path for prepared or time/temperature-control foods, and that path requires a separate permit.
Do I need a cottage food license or permit in Texas?
Not for the basic cottage food path, based on the state sources cited on this page. Texas also has a path for prepared or time/temperature-control foods, and that path requires a separate permit. 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 basic cottage food rules mainly cover foods that do not need time or temperature control for safety. Texas also has a path for prepared or time/temperature-control foods, and that path requires a separate permit. Common no-go categories include meat, meat products, poultry, poultry products, seafood.