NEW: FAQ Updated with SB 541 changes
Questions about the cottage food law?
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These FAQ were developed with the assistance of the Farm and Ranch Freedom Alliance.
See FARFA’s information page on cottage food operations here.
The following information is not legal advice.
Links are welcome, but the content is copyrighted. Please do not copy without permission.
Q A-1. When did the law take effect?
The original cottage food law went into effect on September 1, 2011. The law has been expanded three times: in 2013, 2019, and again in 2025.
B. What kinds of foods can be sold?
Q B-1. What kinds of homemade food can I sell directly to consumers?
ANY FOODS OTHER THAN:
- 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
Q B-2. I have questions about whether a specific food is allowed.
This new exclusion model means that any food that is not specifically excluded, is allowed for direct sales. So if your question is, “are deviled eggs allowed?” then look to the list of exclusions above. Eggs are not excluded (poultry products means the carcass of a chicken, not eggs), so therefore that food is allowed for direct-to-consumer sales. Check out the allowed foods page for more information.
Q B-3. But I still have questions about a certain food.
Consider becoming a member of Homemade Texas for a personal consultation; Homemade Texas advocates and promotes the cottage food industry. You can also submit a Request for Official Determination to DSHS; by law, they must answer in writing within 30 days and stand by their answer.
Q B-4. Do I have to do anything special to sell foods that require Temperature Control for Safety? (otherwise known as refrigeration)
Yes.
- 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.
Q B-5. Can I sell my food at a gift shop, coffee shop, restaurant, or other retail store?
A: YES! SB 541 in 2025 added the ability for cottage food producers to sell their foods to a “cottage food vendor” for resale. But you can only sell foods at wholesale that are Not Time and Temperature Control for Safety (NTCS) (ie: they do not require refrigeration). Certain additional rules apply.
Q B-6. What is a “Not Time or Temperature Control for Safety” (NTCS) food?
NTCS foods are foods with a low water activity and low pH level that inhibit the growth of dangerous pathogens or toxins. Basically, it means non-perishable foods; foods that you would not normally keep in the refrigerator. Foods that are perishable, such as cheesecakes, or custard fillings, or meringue pies, are not eligible for sale at wholesale.
Q B-7. What kinds of foods are Temperature Control for Safety (TCS) ?
Some specific examples of TCS foods that would be allowed for direct sale are: cheesecake, juices, vegetarian hot meals, pizza, casseroles, vegetarian tamales, flan, pumpkin pie, cream pies, meringue pies, macaroni salad, cookie dough, potato salad, jell-o molded salads, cut fruits and vegetables.
Q B-8. How can I tell if the food I want to sell is TCS or NTCS?
With some foods, the answer is obvious. Dried pasta does not require refrigeration, so it is allowed to be sold at wholesale. A casserole would require refrigeration after its preparation in order not to spoil, so it is only allowed for direct sales. When you think of foods that you are allowed to sell, think of foods that you would normally store in your pantry, not your refrigerator or freezer. Sometimes the answer is not so clear. The factors that determine whether a food is TCS or NTCS are that food’s pH, aW (water activity), or a combination of these factors, as laid out in Texas statute. If you are not sure if your food is TCS or NTCS, you can request a determination from DSHS. They may advise you to have your food tested in a lab for pH and aW. DSHS has published a list of approved labs here.
Not every food you keep in your pantry is necessarily NTCS, but it is a good way to start thinking about what a NTCS food is!
Q B-9. Do I have to have my food tested in order to sell it?
Generally, no. Special requirements apply for canned, pickled, and fermented foods. But if you are not sure if your food requires time and temperature control for safety, it is highly advised to have that food tested. No one wants to make a customer sick.
Q B-10. Does DSHS or a local health department have to approve my recipes before I can sell my food?
No. DSHS has no authority to approve recipes except recipe sources for canned, pickled, and fermented foods. Local health departments have no authority at all to approve or disapprove recipes.
Q B-11. Why can’t I sell homemade beef jerky?
The sale of meat products is federally regulated. No state can allow meat as a cottage food. When Maine tried to include meat in its “food freedom” law, the USDA came down hard on the state, and Maine capitulated quickly.
Q B-12. I understand that meat is excluded; can I use meat-derived fat like lard or bacon grease in my cottage food products?
A: Just the fat, yes.
Q B-13. Why are low-acid canned foods excluded?
Low-acid canned foods can be dangerous because they create the perfect environment for Clostridium botulinum, the bacteria responsible for botulism – a rare but potentially fatal form of food poisoning
Q B-14. What kind of fruit butters can I sell?
High-acid or acidified fruit butters like apple, apricot, grape, peach, plum, quince, and prune butters, as long as the pH is 4.6 or below.
Q B-15. What kind of fruit butters are not allowed?
Low acid fruit butters like pumpkin butter, pear butter, or banana butter, are not allowed as a cottage food. These butters carry much higher risk for serious foodborne illness.
Q B-16. Can I sell canned fruits and vegetables, or canned baby food?
Only acidified canned foods that are not excluded, with a pH of 4.6 or less are allowed. Low acid canned foods like canned green beans or canned baby food are not allowed as cottage foods. Special rules apply to acidified canned foods, fermented foods, and pickled foods. Click here for more information.
Q B-17. Can I sell cheesecake, cream pies, flan, pumpkin pies, and tres leches cakes?
A: Yes, see Q B-4.
Q B-18. Can I sell homemade vanilla extract?
Yes. Although it was previously regulated by TABC and required an “Industrial Permit” at a cost of $381 for a two-year permit, the 86th Legislature (2019) eliminated the Industrial Permit. Click here for more information.
Q B-19. Can I sell homemade canned salsa, barbecue sauce, hot sauce, or ketchup?
Yes, these could be canned cottage foods, assuming these are all acidified canned foods that have a pH of 4.6 or less as outlined in the canning requirements.
Q B-20. Can I sell fruit dipped in candy or chocolate? (Caramel apples, chocolate covered strawberries, etc.)
Yes. See Q B-1. Be aware that any fruit that has been cut or pierced (like a caramel apple with a stick in it, or a strawberry on a toothpick) is a TCS food, and must be sold and treated as such.
Q B-21. Can I sell homemade elderberry syrup?
Yes, but be aware that the rules for selling TCS foods would have to be followed, Advertising media of cottage food products for health, disease, or other claims must be consistent with those claims allowed by the Code of Federal Regulations Title 21, Part 101, Subparts D and E.
Q B-22. Is honey a cottage food?
Yes. Because honey is not excluded, it can be sold as a cottage food. Per the Farm and Ranch Freedom Alliance, other labeling regulations from the Texas Agriculture Code, Chapter 131, Subchapter E, apply.
Q B-23. Can I sell beverages now?
Yes, as long as they do not contain one of the excluded foods. Rules for selling TCS foods must be followed, and the food must leave your kitchen packaged and labeled. Kids’ lemonade stands fall under a different law.
Q B-24. Can I sell eggs from my chickens under the cottage food law?
Yes, DSHS has ruled that shell eggs can now be sold under the cottage food law.
Q B-25. Can I use my own yard eggs and garden vegetables in my cottage foods?
A: Yes.
Q B-26. Can I make dog treats or pet food under this law?
No. Animal food is regulated by the Office of the Texas State Chemists, Texas Feed and Fertilizer Control Service. Here is a link to the rules in PDF format.
Q B-27. Can I sell cottage foods that include hemp or CBD?
No, THC and CBD are specifically excluded.
Q B-28. Can I sell freeze-dried foods?
Yes. As long as they do not contain one of the excluded items in Q2, freeze-dried foods are allowed as cottage foods.
Q B-29. Does this list of exclusions mean that Texas has outlawed raw milk and THC?
A: No. It just means that raw milk and THC/CBD are not to be sold as cottage foods. Raw milk is legal – you can buy it from a farmer at a farm or get it delivered. You just can’t sell it in your cottage foods. Whatever the legality of THC or CBD in Texas, THC or CBD can’t be used in cottage foods.
C. Sales Locations and Delivery Methods
Q C-1. Where can I sell my cottage food products?
You can sell your food directly to the end consumer anywhere in Texas. This is a significant change from the law as it existed from 2013-2019. You can now sell at any type of event, it doesn’t matter if the sponsor is for-profit or non-profit. Be aware that local ordinances apply. If a local ordinance says you can’t set up a tent by the side of the road in a particular city, then you must follow that law.
Q C-2. Can I sell my food to a coffee shop, retail store, grocery store, or any licensed food establishment or wholesaler for them to resell?
Yes. Read the rules for wholesaling (with their own FAQ) here.
Q C-3. Can I leave my cottage food in a shop for the shop to sell on my behalf, like a consignment arrangement?
Yes. This falls under the wholesale rules. It doesn’t matter if your agreement with the cottage food vendor is that they buy the food from you up front or they only pay you after it is sold.
Q C-4. Can I sell at a pop-up shop in a retail store?
Yes.
Q C-5. Can I sell at a pop-up shop inside a restaurant with permission of the owner/manager?
Yes.
Q C-6. Can I have employees? Can those employees sell on my behalf at a pop-up shop or market?
Yes. Any employee not directly supervised by you, (not including your household members) must also complete a basic course in safe food handling.
Q C-7. Can I sell my food from a truck or trailer?
Yes, as long as the food is made, packaged, and labeled in your home kitchen. There are no location restrictions in the cottage food law since 2019.
Q C-8. Do I have to buy a permit to produce, sell, or sample my cottage foods?
No, never. SB 541 clarifies that a local government or health department may not require a permit, license, or fee for producing, selling, or sampling cottage foods. If they knowingly require one, that person must now be fired.
Q C-9. Can a private farmer’s market or other private event refuse to allow me to participate, or impose additional rules for participation?
Yes. These events are privately owned and managed, and they may set whatever rules or quality standards they wish.
Q C-10. Can a farmer’s market charge me a fee?
Yes, booth fees are a normal cost of doing business at a farmer’s market.
Q C-11. Can a city or county refuse to allow me to sell at a city festival?
They can’t disallow your participation simply because you are a cottage food producer. If you are not allowed to participate in such an event, make sure to get the reason in writing. (See the last section of this document.)
Q C-12. Can I deliver?
Yes.
Q C-13. Does the law require the customer to visit my home to pay for or pick up the food?
No. This was only a part of the cottage food law from 2011-2013. Since 2013, the customer is never required to come to your home. If you do not want the customer coming to your home, you can deliver the food or meet the customer at a safe public meeting spot. Many police departments offer safe spaces for internet transactions such as craigslist purchases.
Q C-14. Can I sell my food on the internet?
You may sell your food on the internet, in Texas, as long as you, a household member or an employee personally delivers the food to your customer (delivery can take place on your front porch, you don’t actually have to drive it to them). All the information on your labels, except your home address, must be provided to the customer BEFORE the customer pays for the food. You can make this information available to the customer by posting it on your web site, or any other method of communication.
Q C-15. Can I ship my cottage food products?
From FARFA: “The statute specifically provides that cottage food operators can deliver to their customers in general. Thus, if the transaction is made in person (rather than through the internet or by mail order), it is reasonable to use delivery options such as shipping or hiring a driver. But if the transaction is made remotely, the delivery must be in person, as discussed above.”
Additionally, if the above conditions are met, be aware that homemade food can only be shipped within Texas. When a food crosses state lines, the federal government (FDA) has authority over not only the interstate transport, but the whole operation that produced it. No cottage food law in the country allows interstate shipping.
Q C-16. Can I sell my food via UberEats or DoorDash or similar?
A: No, that is an internet sale, so delivery would have to be accomplished by you, your household member, or employee.
Q C-17. If my customer pre-ordered and paid, can they pick up the food on my porch without me being present? (porch-pickup)
A: Yes.
Q C-18. Can I put up an unmanned “honor stand” or self-service market on my porch, front yard, or other property, for people to purchase my products without me being present?
A: DSHS has ruled no: “Foods sold by a cottage food production operation (CFPO) must be packaged and labeled (with the exception of large or bulky items), and delivered to the consumer at the point of sale. While a pre-paid CFPO may be left on a porch awaiting pick-up by arrangement with the customer, the CFPO may not set out unpurchased foods in an unattended market setting for self-service for the purpose of an honor system-type of sale. Foods must be delivered by the CFPO upon receiving an order.” (RFOD date 09/03/2025)
Q C-19. Can I sell food from my house/porch/driveway/front yard?
A: This largely depends on whether you live in an HOA that may have rules against this sort of activity, or a city that may have municipal ordinances against commercial activities that produce excess traffic in a residential area. In both cases the HOA rules or municipal ordinance would apply.
It’s important to remember that while no municipality can ban your production of cottage food due to zoning (for instance, your home is zoned residential), other ordinances do apply. Your right to produce cottage food in your home kitchen is protected by state law. But you do not have a right to violate other city ordinances or HOA rules.
If you live outside city limits and do not have an HOA, you likely have a better shot at being able to conduct sales outside your home.
D. Packaging and Labeling Your Cottage Foods
Q D-1. Does my food have to be labeled?
A: Yes. See the labeling page for complete labeling information.
Q D-2. Does my food have to have special packaging?
Your food must be packaged in a way that prevents contamination. Large or bulky items like wedding cakes, or cupcake bouquets, are not required to be packaged. Your packaging doesn’t have to be made of plastic, it can be paper or glassine, or anything that protects the product from becoming contaminated.
Q D-3. Does the label have to be attached to the package?
Yes, except in the cases of unpackaged large or bulky items. In those cases, your invoice can contain the required labeling information.
Q D-4. Can I advertise the health benefits of my food, or make a health claim on the label?
Prior to 2020, the answer was no. As of 1/1/2020, the rules state “Advertising media of cottage food products for health, disease, or other claims must be consistent with those claims allowed by the Code of Federal Regulations Title 21, Part 101, Subparts D and E.” These rules are complex. Please consult with an attorney and make sure you understand the rules completely if you wish to advertise a health claim about your cottage food.
E. Sampling
Q E-1. Can I give out samples?
Yes, SB 541 added simple, common-sense sampling rules and clarified that no fees or permits may be required for sampling.
F. Regulation of Cottage Food Operations
Q F-1. Do I have to get a “food handler’s card” if I operate under the cottage food law?
Yes. You must complete an accredited course in basic safe food handling. There are many inexpensive courses that can be taken online. Your certification is good for two years, and must be kept current as long as you are selling cottage foods.
Q F-2. Do I have to get a license from the Health Department?
No. The law specifically prohibits the local Health Department from regulating the production, sale, or sampling of food by Cottage Food Operations.
Q F-3. Do I have to register with the local Health Department?
No. While you may choose to register with DSHS to remove your home address from your labels, sell TCS foods, or become a cottage food vendor, registration is OPTIONAL and it is only at the state level, not with a local health department.
Q F-4. Should I call my local Health Department before I begin selling? You know, just to be sure it’s ok?
It is not required or advised. They have no authority or jurisdiction over you as long as you are following the rules of the cottage food law. However, if you are selling at an event, they may inspect your booth to verify compliance with the cottage food law and sampling rules.
Q F-5. Can someone call the Health Department and complain about me?
Yes, the local Health Department is required to maintain a list of complaints. Customers have the option of calling their local Health Department to check your past complaints, or file a complaint themselves.
Q F-6. Will my kitchen be inspected?
No. The law specifically prohibits the local Health Department from regulating Cottage Food Operations.
Q F-7. What should I do if an inspector from the Health Department knocks on my door and wants to come into my kitchen?
They must have a warrant from a judge. Ask to see it. If your Health Department or DSHS has reason to believe that your cottage food operation poses a serious and immediate threat to human life and health, they may get a warrant from a judge and enter your home.
Q F-8. Can the Health Department shut me down?
Yes, if your operation poses a serious and immediate threat to human life and health.
Q F-9. Can my city tell me I can’t operate due to zoning?
No. HB 970, the cottage food law passed in 2013 specifically prohibits a county or municipality from regulating a cottage food operation, or banning a cottage food operation on the basis of zoning. However, your neighbor still has the right to take action against you if your business becomes a nuisance. In this, and all other things, it is best not to irritate your neighbors.
Q F-10. Do I have to get a zoning permit or business license from my city in order to have a cottage food business?
No. The law prohibits cities and municipalities from regulating your production of food in any way.
Q F-11. Do HOA restrictions apply to my cottage food operation?
Yes. Generally, your HOA is more preoccupied with the outside appearance of your home rather than what is taking place inside. Hopefully they would not selectively enforce restrictions on cottage food operators, while allowing Avon, Pampered Chef, day cares, and all other manners of home businesses to operate in peace. Consider keeping a low profile if you have an overzealous HOA.
Q F-12. Can I have pets in my home?
Yes, but for goodness sake, please keep them out of your kitchen.
Q F-13. Can I advertise?
Yes, advertising is not restricted in any way. But signage in your front yard may violate city ordinances or HOA rules.
G. General Business Questions
Q G-1. Do I have to carry liability insurance if I am operating under the cottage food law?
No, but it is highly recommended, not only to protect your personal assets, but your customers, in case something goes wrong. Some wedding venues require proof of liability insurance from all food vendors, so if you plan on doing weddings, it is well worth the investment. Here are some reliable sources for insurance.
Q G-2. Do I have to get a sales & use permit and charge sales tax?
In Texas, most food items are not subject to sales tax. However, some food items like candy and snacks are taxable. The best thing to do is contact the Comptroller directly to ask if you need a permit, and whether your product is taxable.
Q G-3: Can I run my cottage food business as an LLC?
A: The Farm and Ranch Freedom Alliance’s interpretation is that because a Cottage Food Operator is defined in statute as an individual (and has been since 2011), that it cannot be an entity like an LLC. Contact your own attorney for an opinion on this.
Q G-4. How should I structure my business, then?
Speak with a tax or legal professional about tracking and reporting your income.
Q G-5. Do I have to claim my income and pay taxes on it?
Yes. The $150,000 sales cap is unrelated to federal taxes. Consult with a tax professional.
Q G-6. I got a notice from my county that I have to send them a list of my business assets and equipment so that the county can tax me on them. Is this legal?
Yes, it is called the rendition tax. It is not enforced in every county, and it is not enforced on every business, but it is definitely a real and legal tax. Here is a document for Harris County that explains what the rendition tax is. Although the document is published by Harris County, the rendition tax applies in all 254 Texas counties. For information about your county, search <county name> and <rendition tax> in your browser.
Q G-7. Can kids have their own cottage food business?
Yes. There are no age limits or requirements in the cottage food law. But the child must be able to follow all the rules of the cottage food law, including passing a basic safe food handling course.
H. Bake Sales and Donations
Q H-1. Does the cottage
food law cover bake sales for my church/school/non-profit group?
Yes! Non-Temperature Control for Safety (NTCS) foods only, and all other rules of the cottage food law apply.
Q H-2. Can I donate my food for a fundraiser? (Bake sale, silent auction, etc.)
Yes! SB 541 allows a cottage food producer to donate a non-time and temperature control for safety food (NTCS/non-refrigerated) for sale or service at an event, including a religious or charitable organization’s bake sale, to the same extent an individual is allowed by law to donate food. Food must be labeled as usual.
Q H-3. Can I hold a bake sale at my home?
Yes. All food must be packaged and labeled per the rules of the cottage food law. Local ordinances and HOA rules apply.
I. Beyond Cottage Foods
Q I-1. What happens if I don’t follow the rules? What is the penalty?
Think of the rules like an umbrella. As long as you’re following the rules, you are covered, and you can’t be regulated or inspected by a local Health Department. If you’re not following the rules (for instance, selling barbecue or shipping your cookies all over the country), you lose your umbrella. You would then be an illegal food establishment, subject to inspections and fines. The rules bind you, but they also protect you.
Q I-2. I just discovered another cottage food operator who is not following the rules. This makes me really mad. What should I do?
This is really a losing battle, but if you need to do something, consider: 1) Try to educate that person about the law. They may be unaware of the cottage food law, and eager to know how to comply. Or, there is at least an equal chance that the person doesn’t care and won’t appreciate your input. 2) Ignore them and focus on your own business. You are the only person you can control. Or, in extreme cases, 3) File a complaint with the health department if they pose a health or safety risk to the public.
Q I-3. Can I put a kitchen in a separate building on my property and use that for my cottage food business?
No, the law says your cottage food operation must be operated out of your primary residence. If you are in a position to build a separate kitchen, you are better served to contact your local Health Department and find out the requirements to get the kitchen commercially licensed, so that you would be able to operate free of the cottage food restrictions.
Q I-4. Can I put commercial appliances in my home?
No, the law applies only to people cooking in their own homes with appliances meant for common residential usage.
Q I-5. I am devastated that I can’t have a home-based barbecue/gelato/tamale/cookie-shipping business. What should I do?
It’s understandably disappointing. But there are legitimate food safety concerns (and sometimes federal law implications) with these types of foods. And you CAN have this type of business – you just need to work with your local health department and use a commercial kitchen to produce the food. Many metro areas have commercial kitchens for hourly rent for this express purpose.
J. Questions or Problems?
Q J-1. What if I am denied my rights under the law?
Print the law or send a link to the person you have been communicating with. If necessary, escalate the issue to your City Council and your City Attorney. Be sure to get documentation of all conversations in writing. In extreme cases, you may need to obtain legal representation. If a local health department is trying to charge a fee or require you to purchase a permit, share Homemade Texas and FARFA’s joint letter with them.
Q J-2. Who should I call if I have more questions?
Hire an attorney or consult with your local health department or DSHS if you have more questions about this law. The information on this page is not legal advice.
Also, consider joining Homemade Texas and/or the Farm and Ranch Freedom Alliance. Memberships are inexpensive, and once you are a member, you belong to an organization that can provide support if you run into problems with your local health department, or you suspect they are overstepping the boundaries of the law.
