Texas — the rules
Selling Food From Home in Texas: Cottage Food Rules (2026)
Yes — you can legally sell food made in your home kitchen in Texas, under the Cottage Food Production Operation. Sales are capped at $150,000/year. Here is exactly what that means.
Texas at a glance
| Home food sales | Allowed |
| Program | Cottage Food Production Operation |
| Annual sales cap | $150,000 |
| Sales channels | Direct to consumers AND through retail/indirect channels |
What foods are covered
Greatly expanded by SB 541 (effective Sept 1, 2025): almost any food allowed, including TCS/refrigerated foods held at proper temperature (41F or below / 135F or above); excluded: meat and poultry products, seafood/fish, ice cream and frozen desserts, low-acid canned goods, raw milk, cannabis products. Direct sales at any location, online sales with personal delivery, and wholesale of non-TCS foods to registered cottage food vendors for resale
Permits and registration
No permit or inspection; accredited basic food handler training required; free DSHS online registration required only for operations selling TCS foods and for vendors buying wholesale (registration lets sellers use an ID number instead of home address on labels); local health departments may not inspect or charge fees
Going legal in Texas: the plate-seller checklist
- Read the primary source (linked below) — caps and food lists are specific and they change.
- Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
- Get your free EIN at irs.gov and open a separate account for food money.
- Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
- Build the storefront — a menu page, order-ahead with cutoffs, your own business line. Our free guide covers the whole playbook.
Sources and verification
Verified 2026-07 against: www.dshs.texas.gov · www.dshs.texas.gov · texascottagefoodlaw.com. Rules change — confirm with the primary source before acting; this guide is information, not legal advice.
Questions people ask
Is it legal to sell food from home in Texas?
Yes — under Cottage Food Production Operation, with an annual sales cap of $150,000. Allowed foods and channels are specific; check the primary source.
How much can you sell under Texas's cottage food law?
$150,000 per year under the current rules.
Do you need a permit to sell food from home in Texas?
No permit or inspection; accredited basic food handler training required; free DSHS online registration required only for operations selling TCS foods and for vendors buying wholesale (registration lets sellers use an ID number instead of home address on labels); local health dep