Things Sure Have Changed...
Evolution of the Texas Cottage Food Law
Prior to 2011, it was illegal to sell any food made in a home kitchen.
The Texas Cottage Food Law has changed significantly since its first passage.
2011
The first cottage food law passed in a late-session Hail Mary legislative maneuver, facing extreme opposition from health departments and city governments.
- Baked goods, jams, jellies, and dried herb mixes
- Sales could take place only at the home
- Internet sales prohibited
2013
This time, the retailers came out in force against homemade food producers. Grassroots work was critical to pass HB 970. This bill significantly expanded the 2011 legislation.
- Baked goods, jams, jellies, dried herb mixes, candy, fruit pies, dry mix, vinegar, dried coffee beans, dry tea, cereal, popcorn, granola, pickles, dehydrated fruits or vegetables, mustard, and unroasted nut butters
- Sales at the home, by delivery, at a farmers market, farm stand, or a non-profit or municipal fair, festival, or event
- Internet sales prohibited
2019
SB 572 was a bipartisan bill with nearly unanimous legislative support.
- Includes all previously allowed foods, plus;
- Any food, excluding meat, that does not require time or temperature control to prevent spoiling
- Pickled fruits and vegetables, fermented vegetables, and acidified canned foods including salsa
- Direct sales anywhere in Texas
- Local internet sales allowed
2025
SB 541 enjoyed nearly unanimous legislative support. It passed with no registered opposition from any group.
- Allows direct sales of any food that is not excluded. Exclusions are 1. meat and poultry products, 2. fish and shellfish products, 3. low acid canned goods, 4. ice cream and ice products, 5. THC and CBD products, 6. raw milk and raw milk products.
- Wholesale of non-refrigerated foods through a cottage food vendor.
- Sales cap tripled to $150,000 per year, indexed for inflation.
- Clarifies no permits or fees for sampling or selling - ever.
- Option to remove home address from food label with DSHS registration.
- Clarifies that a cottage food producer can donate non-refrigerated food to charitable or religious fundraisers the same way an individual can.
These laws would not have passed without the dedication of Representative Dan Gattis, Representative Eddie Rodriguez, and Senator Lois Kolkhorst. Representative Lacey Hull joined the movement in 2025 and was integral to passing SB 541. The homemade food producers of Texas owe a debt of gratitude to these courageous legislators.
Special thanks to the Farm and Ranch Freedom Alliance for making Texas cottage foods a legislative priority.
More questions about your cottage food business? Check out the law summary, the FAQ, and the getting started checklist!