Cottage food law

Texas Cottage Food Laws

Everything home food sellers in Texas need to know to legally sell food from home — permit requirements, sales limits, allowed foods, labeling, and sales channels.

Law
Texas Cottage Food Law
Annual sales limit
$50,000/yr
Permit
No permit; food handler certificate required
State
Texas (TX)

Texas has one of the most seller-friendly cottage food laws in the country: no permit, no inspection, a $50,000 annual cap, and a long list of allowed foods including pickled goods that meet pH requirements.

If you want to sell tamales, cookies, sourdough, or salsa from home in Texas, you can start tomorrow — the only required step is a Texas food handler card.

Registration & permit steps

  1. Earn a Texas-accredited food handler certificate (about $7–$15, ~2 hours online).
  2. Decide what you'll sell and confirm it's on the Texas cottage food allowed list.
  3. Get a Texas sales tax permit if you'll sell taxable items (most baked goods are tax-exempt).
  4. Print compliant labels with the required Texas disclaimer.
  5. Start selling — no state registration, no inspection required.

Allowed foods

  • Baked goods that don't require refrigeration (cookies, breads, muffins, biscotti)
  • Candies, chocolates, and confections
  • Jams, jellies, and preserves (high-acid fruits)
  • Dry goods (granola, trail mix, dry herb blends, popcorn)
  • Roasted coffee beans and dry tea blends
  • Dried pasta and dehydrated foods

Prohibited foods

  • Foods that require refrigeration (cream-filled pastries, cheesecake, custard pies)
  • Meat, poultry, and seafood products
  • Low-acid canned goods (canned vegetables, salsa in some states)
  • Dairy products such as fresh milk, butter, or soft cheeses

Labeling requirements

  • Name and address of the cottage food operation
  • Common name of the product
  • Complete ingredient list in descending order by weight
  • Allergen disclosure (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  • Net weight or volume
  • A disclaimer such as "Made in a home kitchen that is not subject to state inspection"
  • The Texas disclaimer must read: "This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department."
  • Phone number is required (not just an address) so customers can contact you.

Allowed sales channels

  • Direct in-person sales to consumers
  • Farmers markets and community events
  • Online ordering with local pickup or hand delivery
  • Roadside stands and home-based pickup

Important restrictions

  • No wholesale sales to restaurants or grocery stores
  • Sales typically limited to in-state customers only
  • Mail order or interstate shipping is usually not allowed
  • Cannot operate as a retail food establishment from your home

Official state resource

Official Texas cottage food resource

Always verify the current law with the official Texas agency before launching. Laws change.

This page is editorial content for educational purposes only and is not legal advice. Confirm requirements with Texas's Department of Health, Department of Agriculture, or a licensed attorney.

Frequently asked questions

Selling from home in Texas cities

Other state cottage food laws

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