In Texas, you can sell most homemade foods directly to customers with no permit, no license, and no kitchen inspection, up to $150,000 in gross annual sales per household. As of September 1, 2025, Texas switched to an "everything except a short prohibited list" model under Senate Bill 541, so you can now sell far more than baked goods — including some refrigerated foods. This guide covers exactly what you can sell, how to register if you make perishable foods, how to label everything, and how to start this week.
The short version: Texas has one of the most permissive cottage food laws in the country. SB 541 (effective September 1, 2025) tripled the sales cap to $150,000, flipped the rules so you can sell anything not specifically banned, and for the first time allowed certain time/temperature-controlled (TCS) foods like cream pies and fresh salsa — as long as you register for free. You do not need a permit to start, and local health departments are barred from requiring one. The only real work is labeling your products correctly and, if you sell perishable foods, completing a free state registration.
The Texas cottage food limit is $150,000 in gross annual income per household, raised from $50,000 under SB 541. The Texas Department of State Health Services (DSHS) adjusts this figure each year for inflation. There is no per-item or per-month cap — only the annual household total.
| Texas cottage food rule | Detail |
|---|---|
| Annual sales cap | $150,000 gross per household (inflation-adjusted) |
| Permit / license | Not required — local governments cannot require one |
| Registration | Free; required only to sell TCS foods or wholesale |
| Allowed foods | Anything except the prohibited list below |
| Where you can sell | Direct, online (you deliver), markets, farm stands, restaurants, retail, wholesale |
| Shipping | In-state only; no interstate shipping |
| Effective law | SB 541, September 1, 2025 |
No. A Texas cottage food production operation does not need a permit, license, or inspection to start. SB 541 specifically prohibits local public health entities from regulating cottage food production, requiring a license or permit, or charging any fee to produce or sell directly to consumers.
Free registration is a separate, lighter step. You register through the Texas DSHS Cottage Food Registry (registration opened September 1, 2025) if you want to sell TCS / perishable foods or sell wholesale to a registered "cottage food vendor." If you only sell shelf-stable foods directly to customers, registration is optional — its main benefit is giving you a DSHS unique ID number to put on labels instead of your home address.
Texas now uses an exclusion model: you can sell any food you make at home *except* the prohibited categories, per Texas DSHS. Commonly sold allowed foods include:
Prohibited foods:
TCS foods cannot be sold wholesale or donated. When in doubt, the test is whether the food is on the prohibited list.
Every cottage food product in Texas must carry a label with these elements:
If you sell TCS foods, also include the date the food was made and a safe-handling statement 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."* See our cottage food labeling guide for templates.
Texas is unusually flexible on sales channels. You can sell:
Because online ordering with local pickup or personal delivery is explicitly allowed, a real storefront makes selling far easier than juggling DMs and spreadsheets. Homegrown gives Texas cottage food sellers an online storefront with built-in payments and pickup scheduling for $10/month at 0% commission — you keep every dollar except standard card processing. Start a free trial and have a Texas-legal storefront live in about 15 minutes.
Read a plain-English breakdown from the advocacy group Homemade Texas.
Up to $150,000 in gross annual sales per household under SB 541, adjusted for inflation each year by Texas DSHS. There is no monthly or per-product limit.
No. Texas requires no permit, license, or kitchen inspection, and local governments are prohibited from requiring one. Free registration is only needed to sell perishable (TCS) foods or to sell wholesale.
Yes, as of September 1, 2025. SB 541 legalized many TCS foods such as cream pies, cheesecakes, cold pasta salads, and fresh salsas, provided you register for free with DSHS first.
Yes. You can take orders online as long as you, an employee, or a household member personally delivers the product. You cannot ship cottage foods across state lines.
Meat and poultry, seafood and fish, ice products and ice cream, low-acid canned goods, CBD/THC products, and raw milk. Almost everything else made in a home kitchen is allowed.
Only if you sell TCS/perishable foods or sell wholesale. Registration is free through the Texas DSHS Cottage Food Registry and also gives you a unique ID for labels.
No. SB 541 bars local public health entities from requiring a license, permit, or fee for cottage food sold directly to consumers.
Yes, non-TCS foods can be sold wholesale to registered cottage food vendors. TCS foods cannot be wholesaled.
Texas gives home food sellers more freedom than almost any state: a high cap, no permit, and a broad list of legal products. Once your labels are right and (if needed) your free registration is done, set up an easy way for customers to order and pay. Set up a Homegrown storefront to take Texas cottage food orders online with local pickup, then compare the rules in nearby states like Oklahoma, Louisiana, Arkansas, and New Mexico, or see the full cottage food laws by state hub.
*This guide is general information, not legal advice. Cottage food rules change — verify current requirements with Texas DSHS before you start selling. Last verified: June 2026.*
