Selling TCS Foods under the Cottage Food Law
Foods that require Time or Temperature Control for Safety (otherwise known as refrigeration)
Since its inception in 2011, the Texas Cottage Food Law had always prohibited the sale of foods that require Time and Temperature Control for Safety (otherwise known as TCS foods, or foods that require refrigeration to keep from spoiling). With the passage of SB 541, effective September 1, 2025, any food that is not excluded may be sold directly to consumers (not at wholesale).
You may sell directly to the consumer any foods except:
- meat, meat products, poultry, or poultry products (this doesn’t mean eggs, it means the carcass of a chicken);
- 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; or
- raw milk and raw milk products
There are certain additional rules and labeling requirements if you are selling TCS foods.
- You must register with DSHS to sell foods that require time or temperature control for safety (TCS) – otherwise known as refrigeration.
- The food must be additionally labeled with the date the food was produced.
- The food label, invoice, or receipt must include the following 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.”
- You must store and deliver the food at the air temperature necessary to prevent the growth of bacteria that may cause human illness.
- TCS foods may only be sold directly to the consumer – no wholesale.
This means SO many foods are now allowed for direct sale!
- Casseroles (vegetarian)
- Snack trays with cheese, fruit, and vegetables
- Cheesecake, flan, tres leches cake, cream pies, pumpkin pie
- Cookie dough (“edible”, refrigerated, or frozen)
- Caramel apples
- Cheesecake stuffed strawberries
- Check out the Allowed Foods page for more examples!
Other incredibly helpful pages:
Frequently Asked Questions (if you’re wondering about it, it’s probably answered here)
Food Handler’s Training (and a $5 coupon)
Do I have to charge sales tax? Probably not, but maybe.
Just tell me what to do: A checklist for starting a cottage food business in Texas.
