Q2. What kinds of homemade food can I sell directly to consumers?

• ANY FOODS OTHER THAN:

  1. meat, meat products, poultry, or poultry products (this doesn’t mean eggs, it means the carcass of a chicken);
  2. seafood, including seafood products, fish, fish products, shellfish, and shellfish products;
  3. ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato;
  4. low-acid canned goods;
  5. products containing cannabidiol or tetrahydrocannabinol; or
  6. raw milk and raw milk products

* More information on canning, pickling, and fermenting here.

Q3. 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. 

Q4. 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. 

Q5. 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.

Q6. Can I sell my food at a gift shop, coffee shop, restaurant, other 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. 

Q7. 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. 

Q8. 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.

Q9. 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!

Q10. 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. 

Q11. 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 for canned, pickled, and fermented foods.  Local health departments have no authority at all to approve or disapprove recipes.

Q12. 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.

Q13: 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. 

Q14: 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

Q15. 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.

 Q16. 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.

Q17. Can I sell canned fruits and vegetables, or canned baby food?

Only acidified canned foods that are plant-based 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 vegetables, and pickled fruits or vegetables. Click here for more information. 

Q18. Can I sell cheesecake, cream pies, flan, pumpkin pies, and tres leches cakes?

A: Yes, see Q5. 

Q19. 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. 

Q20. 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.  

Q21. Can I sell fruit dipped in candy or chocolate? (Caramel apples, chocolate covered strawberries, etc.)

Yes.  See Q5. 

Q22. 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.

Q23. 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.

Q24. 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. 

Q25. 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. 

Q26. Can I use my own yard eggs and garden vegetables in my cottage foods?

A: Yes. 

Q27. 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. 

Q28. Can I sell cottage foods that include hemp or CBD?

No, THC and CBD are specifically excluded. 

Q29: Can I sell freeze-dried foods?

Yes. As long as they do not contain meat, freeze-dried foods are allowed as cottage foods.