The essentials
Texas, at a glance
Yes.
Eligible home producers can sell many foods directly to consumers. Texas also permits certain foods needing refrigeration or hot holding, with DSHS registration and extra handling rules. The statutory annual gross-income base is $150,000, subject to DSHS inflation adjustments. A qualifying registered vendor can resell non-TCS products. Choose your product and sales route before designing a label.
Choose the route that fits
- Cottage food production operation
- Eligible home production and direct consumer sales; separate conditions apply to TCS and vendor sales.
- Registered operation selling TCS foods
- Eligible time/temperature-controlled products sold directly with registration, safe storage/delivery and extra labels.
- Registered cottage food vendor
- Qualifying Texas intermediary buying eligible non-TCS food wholesale for direct Texas consumer resale.
- Sales limits
The statute sets a $150,000 annual gross food-income base, adjusted annually by DSHS using CPI-U. The agency page still shows $150,000; a separate 2026 adjusted amount was not located.
- Includes eligible food sales, not merely profit or direct sales.
- Do not describe the base as a verified inflation-adjusted 2026 ceiling.
- Registration & permits
A qualifying cottage operation is exempt from food-service-establishment licensing; local authorities cannot demand a cottage production/sales permit or fee, while emergency action and complaint records remain possible.
- Operation remains within cottage-law eligibility.
- Required DSHS cottage registrations still apply.
- Immediate serious health threats remain subject to emergency powers.
View official sources (2)
- Texas Health and Safety Code Chapter 437 Texas Legislature
- Texas Cottage Food Production Texas Department of State Health Services
One step at a time
Your first 3 steps
Confirm your food and kitchen
Use your primary home kitchen and check the exclusions below.
Classify fillings, frostings and finished products by whether they need time/temperature control for safety; a familiar product name alone does not settle that question. Nonprofit operations have a separate eligible-home definition.
Complete training and any registration
Complete accredited food-handler education; DSHS also recognizes an existing accredited food-manager certification where applicable.
Register with DSHS before selling TCS products, or if you want an assigned ID instead of your home address on labels. A local cottage production/sales permit is not required. Check your training certificate expiry and use DSHS’s registration guide for the correct application.
Prepare labels, fulfillment and records
Pack against contamination, prepare the applicable label and plan personal delivery for internet orders.
If selling TCS foods, maintain internal temperatures of 41°F or below for cold food and 135°F or above for hot food through appropriate storage and delivery conditions. Track gross food income across direct and qualifying vendor sales; ask DSHS for the current adjusted ceiling before approaching the statutory base.
View official sources (5)
- Texas Health and Safety Code Chapter 437 Texas Legislature
- Texas Cottage Food Production Texas Department of State Health Services
- Cottage Food Registration Guide Texas Department of State Health Services
- Food Handler Education or Training Programs FAQ Texas Department of State Health Services
- Accredited Food Handler Internet Training Programs Texas Department of State Health Services
Make what you love
Can you sell what you make?
These are examples. Check the complete recipe, preparation method and sales route before offering a product.
Cookies and breads
Check the conditionsPlain cookies and breads made without prohibited ingredients can fit the cottage route.
Assess the complete recipe, including frosting or filling; if it requires temperature control, use the registered TCS pathway.
Example scope: Example assumes eligible ingredients and a home producer meeting cottage requirements.
Refrigerated cheesecake
Check the conditionsA cheesecake made with pasteurized dairy and otherwise eligible ingredients can fit the TCS route.
Registration, safe cold storage/delivery, a made-on date and the additional safe-handling statement are essential. It cannot use the non-TCS wholesale route.
Example scope: Hypothetical cheesecake requires refrigeration and contains no excluded ingredient.
Pickled carrots, salsa and fermented vegetables
Check the conditionsSpecial processing conditions apply.
Use a statutory recipe/testing pathway, add a batch number and retain the required records for at least twelve months. Pickled cucumbers have a statutory exception from this particular section; that exception does not make all canned foods eligible.
Example scope: Products fall within the identified pickled, fermented or plant-based acidified categories.
Foods outside this route
Check the conditionsDo not use cottage production for meat or poultry products, seafood products, ice/ice cream/frozen desserts listed in the statute, low-acid canned goods, CBD/THC foods, or raw milk and raw-milk products.
Registering for TCS sales does not remove these exclusions.
View official sources (2)
- Texas Health and Safety Code Chapter 437 Texas Legislature
- Texas Cottage Food Production Texas Department of State Health Services
From your kitchen to your customers
Where and how you can sell
| Selling method | What matters |
|---|---|
| Home pickup and markets | Direct sales with handoff at the sale location or another customer-designated location fit the statute. Keep the same food, label and temperature conditions that apply to your product. |
| Online orders and delivery | Sell through your operation’s website with required label details visible before payment; the home address may be omitted at that stage. The operator, an employee or a household member must personally hand the order to the consumer. The physical label still needs your address or assigned DSHS ID. |
| Shipping and delivery apps | For online cottage orders, mail, parcel carriers and unrelated delivery drivers do not meet the personal-delivery rule. The statutory internet-sales permission is for Texas sales; it does not establish an interstate shipping route. |
| Wholesale and store sales | Eligible non-TCS products may go through a qualifying registered Texas cottage-food vendor with a contractual relationship. The vendor sells directly to Texas consumers, displays the required disclosure sign, and carries products labeled with their production date. TCS products cannot use this route. |
View official sources (2)
- Texas Health and Safety Code Chapter 437 Texas Legislature
- Texas Cottage Food Production Texas Department of State Health Services
Your label, explained
Every field has a purpose.
Use the example to understand the structure. Follow the Texas requirements below for your product and sales route.
Chocolate chip
cookies
Your product name and actual net quantity
Your complete recipe and supplier ingredients
Operation name; actual home address or assigned DSHS ID
The statement for your state, product and sales route
Non-TCS cottage food · direct sales
A guide to the fields, not a ready-to-print label. Use your actual product and business details.
Name it. Measure it.
Identify your product and its actual net quantity. Check the state’s formatting and unit requirements below.
Use your actual recipe.
Check every ingredient and supplier label. Use the applicable ingredient and allergen declarations for your product.
Identify your operation.
Operation name; actual home address or assigned DSHS ID
Use the wording for your route.
Requirements can differ by product and sales channel. Keep the disclosure, placement and type-size conditions together.
Illustrative cookie label: identity and allergens
For a hypothetical plain cookie, show the operation name, actual home address or assigned DSHS ID, usual product name and relevant major allergens in legible text.
Example fields: “Example Cottage Bakery”; “Chocolate chip cookies”; “[your address or issued DSHS ID]”; “Contains: wheat, milk, egg, soy.” Confirm allergens from your actual ingredients; these placeholders are not a ready-to-print label.
Example scope: Hypothetical cookie is non-TCS; ingredient supplier labels confirm wheat, milk, egg and soy; example is not a complete federal-label determination.
Required residence disclosure
Include this exact statement: THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.
Additions for TCS and vendor products
For TCS food, put the date made on the label and this statement on the label or accompanying invoice/receipt in at least 12-point font: SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption.
Products sold by a cottage vendor also need the made-on date. Covered pickled/fermented/acidified batches need their batch identifier.
The wording for your label
Non-TCS cottage food · direct sales
THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.
Registered TCS food · direct sales
THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.
SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption.
View official sources (2)
- Texas Health and Safety Code Chapter 437 Texas Legislature
- Texas Cottage Food Production Texas Department of State Health Services
A useful head start
Your Texas label kit.
Editable template, example label and starting checklist.
Personalize it for your products and business.
Enter your email. Get the files immediately.
Before your first sale
A few details worth getting right.
An example
A weekend cookie preorder
Imagine a trained home baker taking online orders for non-TCS cookies.
The baker posts required label information before payment, packs and labels each order, then personally hands it to the customer. If a local store later wants those cookies for resale, the baker checks the separate registered-vendor arrangement and adds the production date. Adding refrigerated cheesecakes would require the TCS steps and would not extend that wholesale arrangement.
Example scope: Fictional scenario; cookies are non-TCS and all ingredients eligible; cheesecake is TCS.
Assuming “no permit” means “no registration”
Local permit protection is different from the DSHS registrations required for TCS selling and wholesale-purchasing vendors.
Address privacy also requires an assigned DSHS identifier before you replace the address.
Treating every batch rule as identical
Covered acidified and fermented products have recipe/testing and twelve-month record rules.
Preserve the statutory pickled-cucumber exception and confirm your category before applying a generic canning checklist.
Reusing an old label checklist
The extra 12-point requirement applies to the TCS safe-handling statement.
Product dates and batch identifiers depend on what and how you sell. Use current cottage guidance; resolve any additional labeling obligations for your situation before printing.
View official sources (2)
- Texas Health and Safety Code Chapter 437 Texas Legislature
- Texas Cottage Food Production Texas Department of State Health Services
A few more answers
Common questions
Can I keep my home address off the label?
Yes, after registering and receiving the DSHS unique ID. Use that issued number in place of the address. The registration application still asks for your actual home address; a P.O. box is not a substitute for its main physical-address field.
View sources for this answer (2)
- Texas Health and Safety Code Chapter 437 Texas Legislature
- Cottage Food Registration Guide Texas Department of State Health Services
Is the $150,000 limit profit?
No. The law describes annual gross income from eligible food sales. It also requires inflation adjustments. DSHS currently displays the $150,000 base, so confirm the applicable adjusted amount before planning sales near that limit.
View sources for this answer (2)
- Texas Health and Safety Code Chapter 437 Texas Legislature
- Texas Cottage Food Production Texas Department of State Health Services
Can I give samples or donate leftovers?
Sampling is permitted under the statutory handling standards. The cottage donation provision covers non-TCS food; do not assume refrigerated or other TCS leftovers qualify for that donation permission.
View sources for this answer (1)
- Texas Health and Safety Code Chapter 437 Texas Legislature
Keep it handy
Your first-sale checklist
Use this free checklist to keep track of your next steps. The conditions in this guide still apply.
0 of 3 completed · Restoring progress…
Official guidance
Sources, updates & your next step
Use the official application and guidance
Start with DSHS’s cottage page, registration guide and accredited training list. For unanswered program questions, call 512-834-6753 or email foodestablishments@dshs.texas.gov. Confirm any registration renewal terms directly; this guide does not infer them from unrelated food-establishment permits.
Official sources 5 references
- Texas Health and Safety Code Chapter 437 →
Texas Legislature · Reviewed September 14, 2026
- Texas Cottage Food Production →
Texas Department of State Health Services · Reviewed September 14, 2026
- Cottage Food Registration Guide →
Texas Department of State Health Services · Reviewed September 14, 2026
- Food Handler Education or Training Programs FAQ →
Texas Department of State Health Services · Reviewed September 14, 2026
- Accredited Food Handler Internet Training Programs →
Texas Department of State Health Services · Reviewed September 14, 2026
Guide updates September 14, 2026
Reviewed Texas’s product eligibility, sales routes, starting requirements and label guidance against the official sources below. Current conditions and any dated changes are explained in the relevant sections of this guide.
View sources for this update (1)
- Texas Health and Safety Code Chapter 437 Texas Legislature
This guide is a starting point. Confirm requirements for your products and location with the relevant authority. Examples are illustrative and are not a compliance approval.