warebythe texas cottage food law, in plain english
what you can sell from your home kitchen in texas, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes, you can run a bakery from your home kitchen in texas. most foods are allowed, and you can sell up to $150,000 a year straight to the people who’ll eat them: from home, at farmers markets and events, or online, as long as you, an employee or someone in your household delivers each online order in person. take an accredited food handler course and label everything. to sell foods that need refrigeration, like cheesecake or cream pies, register with the texas department of state health services (dshs) first.
texas cottage food rules at a glance
| the law | texas cottage food law (texas health and safety code, chapter 437 (sections 437.001 and 437.0191 to 437.020)) |
|---|---|
| who runs it | texas department of state health services (dshs) |
| registration | yes dshs cottage food registration (no fee listed by dshs) |
| kitchen inspection | no |
| training | yesan accredited food handler course (a food manager certificate also counts) |
| yearly sales cap | $150,000 a year, adjusted for inflation by dshs |
| selling from your home | yes |
| selling at farmers markets and events | yesfarmers markets, farm stands, fairs and other events; you can hand out samples anywhere in texas |
| selling online orders | yespost all your label info on your website before you take payment |
| selling delivering it yourself | yesonline orders must be delivered by you, your employee or someone in your household; no couriers |
| selling shipping within the state | nomail order sales were removed in 2025 |
| selling shipping to other states | no |
| selling to stores, cafes and restaurants | limitedshelf-stable foods only, to a registered cottage food vendor who resells at farmers markets, farm stands, restaurants or stores |
what can you sell from home in texas?
you can sell
- cookies, cakes, pies and breads
- cheesecake and cream pies, if you register with dshs
- candy and fudge
- jams and jellies
- pickles and fermented vegetables made from approved recipes
- granola, dry mixes and roasted coffee
you can’t sell
- meat, poultry and foods made with them
- fish and other seafood
- ice cream, gelato, popsicles and shaved ice
- low acid canned foods like canned green beans
- foods with cbd or thc
- raw milk and raw milk products
these are examples, not the full list. check the texas department of state health services (dshs) before you sell something new.
how do you start a cottage food business in texas?
- register if your sales or foods call for it: a dshs cottage food registration from the texas department of state health services (dshs). it costs no fee listed by dshs. start here.
- take the training: an accredited food handler course (a food manager certificate also counts).
- label everything the way the law asks (below).
- start selling in the ways texas allows, and keep track of your sales if there’s a cap.
where and how can you sell in texas?
| from your home | yes |
|---|---|
| at farmers markets and events | yesfarmers markets, farm stands, fairs and other events; you can hand out samples anywhere in texas |
| online orders | yespost all your label info on your website before you take payment |
| delivering it yourself | yesonline orders must be delivered by you, your employee or someone in your household; no couriers |
| shipping within the state | nomail order sales were removed in 2025 |
| shipping to other states | no |
| to stores, cafes and restaurants | limitedshelf-stable foods only, to a registered cottage food vendor who resells at farmers markets, farm stands, restaurants or stores |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in texas?
“THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”
the statement texas requires on your label
the label also needs:
- your business name
- your address, or your dshs registration number if you register
- the product’s common name
- major allergens
- a batch number on pickled, fermented or acidified foods
- for foods that need refrigeration: the date made and the safe handling statement in at least 12-point type
- the date made, for foods sold through a cottage food vendor
what’s changed in texas, and what’s coming?
| when | what |
|---|---|
| september 1, 2025 | sb 541 raised the cap from $50,000 to $150,000, allowed refrigerated foods if you register with dshs, created registered cottage food vendors who can buy wholesale, let employees and household members deliver online orders, ended mail order sales and changed the label statement |
| september 1, 2019 | sb 572 opened the law to any food that doesn’t need refrigeration, allowed sales directly to consumers anywhere in texas, and allowed online and mail orders delivered in person |
what else should you know in texas?
- cities, counties and local health departments can’t require a permit or charge a fee for cottage food, and they can’t regulate your home kitchen unless there’s a serious health threat.
- if you register with dshs, you can print your registration number on labels instead of your home address.
- foods that need refrigeration have to be kept cold while stored and delivered, and you can’t donate them or sell them wholesale.
- pickles, fermented vegetables and acidified canned foods must follow an approved recipe or be ph tested, and you keep batch records for 12 months.
questions people ask
do i need a license to sell baked goods from home in texas?
it depends on what and how much you sell. texas’s rules call for a dshs cottage food registration in some cases: check with the texas department of state health services (dshs).
can i sell cottage food online in texas?
yes. post all your label info on your website before you take payment.
can i ship cottage food in texas?
not within texas: mail order sales were removed in 2025. shipping to other states isn’t allowed either.
how much can i sell from home in texas?
up to $150,000 a year, adjusted for inflation by dshs.
can i sell to stores or coffee shops in texas?
with limits: shelf-stable foods only, to a registered cottage food vendor who resells at farmers markets, farm stands, restaurants or stores.
what can’t i sell from home in texas?
the usual no’s: meat, poultry and foods made with them, fish and other seafood, ice cream, gelato, popsicles and shaved ice, low acid canned foods like canned green beans, foods with cbd or thc. check with the texas department of state health services (dshs) before you sell something new.
sources
- texas legislature: sb 541 (2025), enrolled text
- texas legislature: sb 541 house committee bill analysis
- texas legislature: sb 541 fiscal note
- texas legislature: sb 572 (2019), enrolled text
- texas health and safety code, chapter 437
- texas department of state health services: texas cottage food production
- texas department of state health services: cottage food production (cfpo)
- texas department of state health services: cottage food registration guide
- houston health department: texas cottage food production faq (revised august 20, 2026)
this is general information to help you get started, not legal advice. we checked it against texas’s own pages on october 14, 2026, and laws change, so confirm with the texas department of state health services (dshs) (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story