Cottage food law in Texas
Texas lets you sell most foods made at home as a cottage food production operation (CFPO), with no local permit. Rules changed on September 1, 2025.
Cottage food law: the rules
Income limit
The annual gross income threshold for a CFPO is $150,000.
Texas Department of State Health ServicesFoods you can sell
Any food except meat and poultry, seafood, ice and frozen desserts such as ice cream, low-acid canned goods, products with CBD or THC, and raw milk.
Texas Department of State Health ServicesNo local permit
Local health departments may not require a CFPO to get a license or permit or pay a fee to sell directly to consumers.
Texas Department of State Health ServicesRegistration in some cases
You must register with DSHS if you sell time and temperature control for safety (TCS) foods. Anyone may register to put a DSHS number on the label instead of a home address.
Texas Department of State Health ServicesFood handler training
The operator must complete an accredited basic food safety or food handler training program.
Texas Department of State Health ServicesLabel
Name of the operation, address or DSHS number, the product’s common name, major allergens, and the statement “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” TCS foods also need the date made and safe handling instructions.
Texas Department of State Health Services
Sources
Rules change. Check with your state agency before you rely on this page.
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