In short
- Texas widened its cottage food law on September 1, 2025 (SB 541). DSHS says any food is allowed except six categories: meat and poultry, seafood, ice and ice cream, low-acid canned goods, CBD or THC, and raw milk.
- Foods that need refrigeration are now allowed, but you must register with DSHS and add the date made and a safe handling statement to the label.
- The DSHS page does not say whether you can ship by mail or carrier. This checker says "ask DSHS" instead of guessing.
- Annual sales limit per the DSHS page: $150,000, adjusted for inflation.
Use this Texas cottage food checker to see whether you can sell a food from home before you buy labels or packaging. Many web posts still describe the old short list of foods, so this tool follows the current DSHS page and SB 541 as we read them on 2026-10-25.
General information, not legal advice. This tool applies the cottage food rules as we read them on the DSHS page and SB 541 on 2026-10-25. It is not a ruling. Verify with DSHS and your city before you sell. Nothing you tick is stored or sent.
The six categories Texas still excludes
These are the categories the DSHS page lists. If your food is in one, the cottage food rules do not cover it.
| Excluded category | DSHS wording |
|---|---|
| 1. Meat and poultry | Meat, meat products, poultry, or poultry products |
| 2. Seafood | Seafood, including seafood products, fish, fish products, shellfish, and shellfish products |
| 3. Ice | Ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato |
| 4. Canned goods | Low-acid canned goods |
| 5. CBD and THC | Products containing cannabidiol (CBD) or tetrahydrocannabinol (THC) |
| 6. Raw milk | Raw milk and raw milk products |
Edge cases: if your product is borderline, such as a frozen treat that is not quite ice cream or a jarred food that might be low-acid, ask DSHS rather than assuming. The email and phone are on the DSHS page: [email protected] and 512-834-6753.
What changes when you sell online, ship or go wholesale
| How you sell | What the sources say |
|---|---|
| In person | Allowed. You sell directly to consumers and hand the food over at the point of sale or a place the customer picks. |
| Online, personal delivery | Allowed if you, an employee or a household member delivers it, and the label information is on your website before payment. |
| Shipping | Not described on the DSHS page. Ask DSHS in writing. |
| Wholesale | Allowed to a registered cottage food vendor, for non-refrigerated foods only. |
Questions this checker can't answer
- Shipping. The DSHS page does not say if you may ship. Ask DSHS and save the reply.
- Zoning, HOA and lease. Cities and counties cannot require a cottage food permit or fee, but home business rules, HOA covenants and leases are separate.
- Sales tax. Ask the Texas Comptroller whether your products are taxable and whether you need a permit.
- Helpers. The DSHS page speaks of the individual who operates the business. It does not say what is required for family members who help.
Want the full rules in order? Read the Texas cottage food checklist. Selling more than baked goods? TX Openings also tracks new Texas restaurant and bar filings from public records.
Frequently asked questions
Which foods can't I sell under the Texas cottage food law?
The DSHS cottage food page says allowable foods now include any foods except six categories: meat, meat products, poultry or poultry products; seafood and fish products; ice and ice products, including ice cream, frozen custard, popsicles and gelato; low-acid canned goods; products containing CBD or THC; and raw milk and raw milk products.
Can I sell cheesecake or other refrigerated food?
Yes, with conditions. DSHS calls these time and temperature control (TCS) foods. You must register on the DSHS Online Licensing Registry, put the date made and the safe handling statement on the label, and store and deliver at 41 degrees F or below for cold items (135 degrees F or above for hot items). TCS foods are not eligible for wholesale or donation.
Can I ship cottage food by mail or carrier?
The DSHS page does not say. It describes online sales with personal delivery by the operator, an employee or a household member, and does not describe shipping. An earlier phrase about mail order was struck out of the enrolled bill. Ask DSHS in writing at [email protected] and keep the reply; until then, deliver in person.
Do I have to register with DSHS?
Per the DSHS page, registration is required if you sell TCS (refrigerated) foods, and for a cottage food vendor who buys from operators and resells. It is optional if you want a registration number on your label instead of your home address. The page lists no registration requirement for non-refrigerated foods with your home address on the label.
How do online orders work?
The DSHS page allows online sales when the customer buys from the operator and the operator, an employee or a household member personally delivers the food. All required label information must be posted on your website before you accept payment, and after payment the address or ID number goes on the food label. Whether a social media page counts as a website is not explained; ask DSHS.
What is the sales limit?
The DSHS page puts the annual gross income threshold at $150,000, and the bill text says it is adjusted for inflation each year. Neither source we read says how the 12 months are counted (calendar year or rolling), so ask DSHS and keep a sales log.