In short
- On September 1, 2025 Texas changed its cottage food law (SB 541). DSHS now says any food is allowed except six categories, including meat, seafood, ice cream and low-acid canned goods.
- The DSHS page puts the annual gross income threshold at $150,000. The bill says DSHS adjusts it yearly, so check the page for today's figure.
- Registration is required if you sell foods that need time and temperature control, or buy from home producers to resell.
- This is a list of what to look up. It is not legal advice, and it lists no fees.
On this page
Baking, canning or making candy at home to sell? This Texas cottage food checklist follows the official DSHS Texas Cottage Food Production page and the text of the 2025 law. Older blog posts still describe the old short list of allowed foods and the old $50,000 cap, so start from the agency.
Not legal advice. Quotation marks below mean the words come from the DSHS page or the SB 541 bill text, as read on 2026-10-25. Confirm every item with DSHS, and ask an attorney or accountant about your own case.
The usual order of operations
- Read the DSHS page
It covers allowed foods, registration, labels, training and where you may sell. Contact details are on the page.
- Check your product against the allowed list
Any food is allowed except the six categories below.
- Take the food handler training
The page says the person who operates it must complete an accredited basic food safety program for food handlers.
- Decide whether you must register
Registration is done on the DSHS Online Licensing Registry.
- Make your labels
Use the fields the DSHS page lists, including the residence disclosure.
- Pick your sales channels and watch the cap
Direct to customers, online with personal delivery, markets, or wholesale to a registered vendor.
What you can make
The DSHS page says: "Allowable foods now include any foods, except for the following":
- Meat, meat products, poultry, or poultry products
- Seafood, including seafood products, fish, fish products, shellfish, and shellfish products
- Ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato
- Low-acid canned goods
- Products containing cannabidiol or tetrahydrocannabinol
- Raw milk and raw milk products
Foods that need time and temperature control for safety (TCS), such as items that must stay refrigerated, have extra rules on the page: registration, the date made and a safe handling statement on the label.
Registration, training and local rules
| Item | What the DSHS page says |
|---|---|
| Registration | Operations that sell TCS foods "must register on the DSHS Online Licensing Registry". Cottage food vendors who buy from home producers and resell must register too. Here is the registry and the registration guide (PDF). |
| Address on the label | Instead of a home address on the label, operators "may register" and print their registration number. |
| Training | The operator "must successfully complete a basic food safety education or training program for food handlers". See DSHS's food handler training programs. |
| City and county | Local public health entities "may NOT regulate the production of food at a cottage food production operation" or require a license, permit or fee to produce or sell directly to consumers. Your HOA, lease and zoning are separate: check them. |
Labels
The DSHS page says packaged foods must be packaged to prevent contamination, and that unpackaged foods need the label information on an invoice or receipt. The label must include:
- Legible writing and the name of your operation
- Your address, or your DSHS registration number in place of the address
- The common or usual name of the product
- Any major food allergen used, "such as eggs, tree nuts, soy, peanuts, milk, wheat, and sesame"
- The disclosure: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
- A unique batch number for pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods
- For TCS foods: the date made, plus a safe handling statement in at least 12-point font that begins "SAFE HANDLING INSTRUCTIONS"
Pickles and ferments: the DSHS page lists approved recipe sources (the USDA home canning guide, the UGA So Easy to Preserve book and three Ball books) and a form to request a determination for other sources. Read it before you sell these.
Where you can sell
| Channel | What the DSHS page says |
|---|---|
| Online | Allowed when the consumer buys from the operator and "The operator, an employee, or a household member personally delivers the food to the consumer." The labeling information must be posted on your website before payment, and the address or ID number goes on the label after payment. |
| Wholesale | "Other than TCS Foods, a cottage food operator may sell to a registered Cottage Food Vendor at wholesale." |
| Markets and events | Ask the organizer what it requires. DSHS has a farmers market page. |
| Samples and donations | The page says samples may be provided at any location, and non-TCS cottage foods may be donated. |
Not on the page: shipping and out-of-state sales. Ask DSHS before you ship anything.
The sales cap
The DSHS page says the law "increases the annual gross income threshold to $150,000." The bill text adds that the department "annually adjusts for inflation" using the consumer price index. So write down the current figure from the DSHS page and keep a running total of what you sell. Neither source we read says how the period is counted, so ask DSHS.
Other things to look up
- Sales tax. Ask the Comptroller whether your sales are taxable and whether you need a sales tax permit.
- Business name. The Secretary of State forms page shows which form matches an LLC or a name you trade under.
- EIN. Optional for many home businesses. If you want one, apply on the IRS page for getting an employer identification number.
- Insurance. Ask your agent whether your home policy covers a food business.
- The bill text. SB 541, enrolled, says it takes effect September 1, 2025.
Confirm with DSHS
We checked these pages on 2026-10-25. Rules and the cap can change. The DSHS page lists a contact email, [email protected], for questions.
A spreadsheet to track it
We're also finishing a Texas Cottage Food Business Planner spreadsheet; it isn't on sale yet. It is a planning tool, not advice. Meanwhile, our food cost calculator and menu price calculator work for a home food business too.
Related checklists: how to open a licensed daycare in Texas, Texas restaurant permits and food truck permits.
If you want customers to order from you directly, without a delivery-app commission, we also build direct ordering pages.
Frequently asked questions
What changed in 2025?
Per the DSHS cottage food page, SB 541 expands the types of allowable foods, sets conditions for wholesale, changes labeling requirements and clarifies regulation. DSHS says public health entities must comply beginning September 1, 2025.
Is there a sales cap?
The DSHS page says the law increases the annual gross income threshold to $150,000. The bill text adds that the department annually adjusts the figure for inflation, so check the DSHS page for the current number and ask DSHS how the period is counted.
Do I need a permit or inspection?
The DSHS page says local public health entities may not require a cottage food operation to get a license or permit or pay a fee to produce or sell directly to consumers, and that these operations are not inspected by health departments. It also says DSHS or the local health authority can act on an immediate and serious threat to health. Registration with DSHS is a separate item: see above.
Can I take orders online?
The DSHS page says online sales are allowed when the consumer buys from the operator, the operator, an employee or a household member personally delivers the food, and the required labeling information is posted on your website before payment. Ask DSHS about anything beyond that, such as shipping.
Is this list complete?
No. Your city's zoning, your HOA or lease, sales tax and insurance are separate questions. This is a starting list of what to look up, not legal advice, and it lists no fees.