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Cottage Food Label Requirements in Texas (2026)

Selling homemade food in Texas means your label has to follow the Texas Cottage Food Law (SB 541, effective Sept 1, 2025; previously HB 970/1926). Here is exactly what that label must show in 2026 — the required fields, the allergen rule, and the verbatim disclaimer and its font size — sourced to the statute and dated.

In brief — Texas

Required disclaimer: “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”
Minimum font size: Not specified by the state
Permit number on label: No
Sales cap: $150,000 or less in annual gross income from the sale of qualifying food, per Sec. 437.001(2-b)(B) as amended by SB 541
Program: Texas Cottage Food Law (SB 541, effective Sept 1, 2025; previously HB 970/1926)
Last verified: 2026-06-15

What must be on a Texas cottage food label

Product name — the common name of the food
Your business / producer name
The address of the cottage food operation
A complete ingredient list, in descending order by weight (sub-ingredients included)
An allergen declaration — the 9 major FDA allergens, in the ingredient list or a “Contains:” line
Net weight, in US customary and metric units
The state's required disclaimer (see below)

The disclaimer Texas requires

Print this statement on the label, word for word:

“THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”

No minimum type size is imposed for the general disclaimer (the 12-pt rule applies to the separate TCS food-handling notice, not this statement). Heads-up: many third-party sites still quote the OLD Texas wording — the text above is the version in force under SB 541.

Cottage food rules in Texas — the whole program

Who can sell homemade food in Texas

Under Health & Safety Code Sec. 437.001(2-b), as amended by SB 541 (89th Leg., R.S., 2025, eff. Sept. 1, 2025), a 'cottage food production operation' is an individual operating out of the individual's home, or a nonprofit organization (defined in new Sec. 437.001(5-a) as a 501(c)(3) entity), that produces food at the individual's home or at the home of a director or officer of the nonprofit. The operation must have annual gross income of $150,000 or less from the sale of that food, sell only directly to consumers or to a 'cottage food vendor', and deliver products to the consumer or vendor at the point of sale or another location designated by the buyer. Sec. 437.0191 provides that a cottage food production operation is not a food service establishment for purposes of Chapter 437. Before SB 541 only individuals qualified; nonprofit organizations were added by SB 541.

What you may and may not sell

Allowed:

SB 541 inverted the list: any food is allowed except the six prohibited categories in Sec. 437.001(2-b)(A)(i)-(vi) (the former closed list of ~20 permitted items was struck)
Time and temperature control for safety (TCS) foods may now be sold directly to consumers if the operation registers with DSHS, stores/delivers at the temperature needed to prevent bacterial growth, and labels per Sec. 437.0193 (new Sec. 437.01953)
TCS food is defined in relocated Sec. 437.001(8): food requiring time/temperature control to limit pathogen growth or toxin production; may include protein-and-moisture foods that are neutral or slightly acidic (meat, poultry, fish and shellfish products, pasteurized and unpasteurized milk and dairy, raw seed sprouts, baked goods needing refrigeration such as cream or custard pies or cakes, ice products); excludes a final product that uses TCS ingredients but does not itself require temperature control
Pickled fruit or vegetables, fermented vegetable products and plant-based acidified canned goods remain allowed but are subject to Sec. 437.01951: recipe from a DSHS-approved source, laboratory-tested, or approved by a process authority, or per-batch testing with a calibrated pH meter, confirming an equilibrium pH of 4.6 or less; batch numbering and 12-month records required; does not apply to pickled cucumbers
Non-TCS foods may additionally be sold at wholesale to a registered cottage food vendor (Sec. 437.0194(a-1))
Non-TCS food may be donated for sale or service at an event, including a religious or charitable organization's bake sale, to the same extent an individual may donate food (Sec. 437.01955(b))

Not allowed under the program:

Meat, meat products, poultry, or poultry products (Sec. 437.001(2-b)(A)(i))
Seafood, including seafood products, fish, fish products, shellfish, and shellfish products (ii)
Ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato (iii)
Low-acid canned goods (iv)
Products containing cannabidiol or tetrahydrocannabinol (v)
Raw milk and raw milk products (vi)
TCS foods may not be sold at wholesale to a cottage food vendor (Sec. 437.0194(a-1))

How much you may sell

$150,000 or less in annual gross income from the sale of qualifying food, per Sec. 437.001(2-b)(B) as amended by SB 541. SB 541 changed this: the prior figure was $50,000, and the bill struck it and added an annual inflation adjustment by the department using the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Bureau of Labor Statistics or its successor in function.

Where you may sell

Direct sales to consumers, with delivery at the point of sale or at another location designated by the consumer (Sec. 437.001(2-b)(C)-(D))
Wholesale to a 'cottage food vendor' — a person located in Texas with a contractual relationship with the operation who sells non-TCS food directly to consumers located in Texas (Sec. 437.001(3); Sec. 437.0194(a-1)). All other wholesale remains prohibited (Sec. 437.0194(a))
A cottage food vendor may sell that food directly to consumers at a farmers' market, a farm stand, a food service establishment, or any retail store (Sec. 437.01965(a)); the vendor must post the 'PRODUCED IN A PRIVATE RESIDENCE' sign and the label must carry the date the food was made
Internet sales within Texas allowed for non-prohibited food only if the consumer buys through the Internet from the operation and the operator, an employee, or a household member personally delivers the food to the consumer (Sec. 437.0194(b)(1))
Before accepting payment, the operator must post the required labeling information as a legible statement on the operation's Internet website (Sec. 437.0194(b)(2)); the address or unique ID goes on the label after payment (Sec. 437.0194(c))
SB 541 deleted the former 'or by mail order' language and the catalog/other-communication disclosure options from Sec. 437.0194(b)
Sales to retailers/restaurants only indirectly: the cottage food vendor, not the operation, is the party selling at a retail store or food service establishment
Samples may be provided to consumers at any location in Texas under the sanitary standards of Sec. 437.020(c) (new Sec. 437.01955(a))
Cottage food vendors must be located in Texas and sell to consumers located in Texas (Sec. 437.001(3))

Permit, registration and fees

Registration is handled by Texas Department of State Health Services (DSHS).

No general permit or registration is required to be a cottage food production operation
Register with DSHS if the operation sells TCS foods to consumers (Sec. 437.01953(a)(1))
Register with DSHS if you are a cottage food vendor purchasing cottage food at wholesale (Sec. 437.01965(d))
Optional registration with DSHS to obtain a unique identification number that may replace the home address on labels (Sec. 437.0193(b-1))
DSHS directs registrants to the DSHS Online Licensing Registry; form and manner are prescribed by the department

Fee: No fee is stated in Chapter 437 or on the DSHS cottage food page for the DSHS registrations. Sec. 437.0192(a)(2) bars a local government authority from requiring any license, permit or fee to produce or sell directly to a consumer or cottage food vendor, or to provide samples directly to a consumer, any food other than the six prohibited categories.

Renewal: No renewal term for the DSHS registrations is stated in Chapter 437 or on the DSHS cottage food page.

Food safety training

Sec. 437.0195(a) (not amended by SB 541): an individual who operates a cottage food production operation must have successfully completed a basic food safety education or training program for food handlers accredited under Subchapter D, Chapter 438. Under Sec. 437.0195(b), another individual may process, prepare, package or handle cottage food products only if that individual holds the same training, is directly supervised by someone who does, or is a member of the household where the products are produced. DSHS states a food manager certification from an accredited program also satisfies the requirement. No validity period is stated in Sec. 437.0195 or on the DSHS page.

Inspection

Sec. 437.0191(a) exempts a cottage food production operation from food service establishment status under Chapter 437, so routine inspection and permitting under the chapter do not apply. Sec. 437.0191(b) preserves the authority of the department or a local health authority under Sections 431.045 (emergency order), 431.0495 (recall orders) and 431.247 (delegation of powers) to act to prevent an immediate and serious threat to human life or health. SB 541 added Sec. 437.0191(c), exempting a cottage food production operation that manufactures and distributes cottage food at wholesale for resale from DSHS licensing under Chapter 431. DSHS states health departments have no authority to inspect a cottage food production operation.

What your city or county may add

Sec. 437.0192(a), as amended by SB 541, bars a local government authority, including a local health department, from (1) regulating the production of food at a cottage food production operation and (2) requiring any type of license or permit or any fee to produce or sell directly to a consumer or cottage food vendor, or to provide samples directly to a consumer, any food other than the six prohibited categories. Sec. 437.0192(b) requires each local health department and DSHS to keep a record of complaints made against a cottage food production operation. New Sec. 437.0192(c) prohibits a local government authority from employing or continuing to employ a person who knowingly requires or attempts to require a cottage food production operation to obtain a license or permit in violation of Subsection (a)(2).

Program sources: Texas S.B. No. 541, 89th Legislature, Regular Session (2025), Enrolled version, 'An Act relating to cottage food production operations', eff. September 1, 2025 — https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00541F.htm · Texas Department of State Health Services, 'Texas Cottage Food Production' — https://www.dshs.texas.gov/retail-food-establishments/texas-cottage-food-production · Tex. Health & Safety Code Sec. 437.0191 (Exemption for Cottage Food Production Operations), via texas.public.law mirror of statutes.capitol.texas.gov — https://texas.public.law/statutes/tex._health_and_safety_code_section_437.0191 · Tex. Health & Safety Code Sec. 437.0192 (Regulation of Cottage Food Production Operations by Local Government Authorities Prohibited; Complaints) — https://texas.public.law/statutes/tex._health_and_safety_code_section_437.0192 · Tex. Health & Safety Code Sec. 437.0195 (Production of Cottage Food Products) — https://texas.public.law/statutes/tex._health_and_safety_code_section_437.0195 · Tex. Health & Safety Code Sec. 437.01951 (Requirements for Sale of Certain Cottage Foods) — https://texas.public.law/statutes/tex._health_and_safety_code_section_437.01951 · Tex. Health & Safety Code Sec. 437.0196 (Time and Temperature Control for Safety Food; Prohibition for Cottage Food Production Operations; Exception), pre-SB 541 text — https://texas.public.law/statutes/tex._health_and_safety_code_section_437.0196 · Tex. Health & Safety Code Sec. 437.020 (Regulation of Food Samples at Farms and Farmers' Markets) — https://texas.public.law/statutes/tex._health_and_safety_code_section_437.020

What's specific about selling cottage food in Texas

Texas is a pure EXEMPTION state: the statute expressly forbids any government body from requiring a cottage food operation to obtain a license or permit, or to pay any fee, to produce or sell its foods — so there is no application and no cost to begin. SB 541 (89th Legislature, effective 2025-09-01) substantially expanded the law: it raised the annual gross-income cap to $150,000 (up from $50,000), now adjusted yearly for inflation by DSHS using the CPI; it created the "cottage food vendor" — a contracted third party who may resell your food to Texas consumers — and allowed sales to food service establishments and retail stores; and it kept internet selling but requires the food to be PERSONALLY delivered by the operator, an employee, or a household member (SB 541 removed mail order). Only non-time/temperature-control-for-safety (non-TCS) foods are allowed; the operator must hold current accredited food-handler training; and labels must carry the operation's name and the required in-home-production disclosure.

Common mistakes cottage food sellers make in Texas

Shipping by mail or common carrier

Texas cottage food is in-state only, and SB 541 requires internet orders to be hand-delivered by the operator, an employee, or a household member — it deleted the old mail-order allowance. Using USPS/UPS/FedEx, or shipping to another state, is not permitted. Fulfill online orders by personal delivery or in-person pickup within Texas.

Selling a time/temperature-control-for-safety (TCS) food

Only non-TCS foods qualify. Prohibited examples include meat products, fish and shellfish products, ice cream/frozen custard/gelato/popsicles, low-acid canned goods (e.g., canned green beans, garlic-in-oil), raw milk and raw-milk products, and CBD/THC products. Cut melon, cheesecake, and cream-filled items are also out. If a food needs refrigeration for safety, it doesn't qualify.

Wrong or missing label disclosure

The label must show the operation's name and address and the required disclosure beginning "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENT...", plus allergen labeling. SB 541 lets you register with DSHS for a unique identifier to use INSTEAD of your home address — but you must actually register to use it; otherwise the home address is required. Don't omit the disclosure or the allergen statement.

Losing the exemption by exceeding the cap

The gross-income ceiling rose to $150,000 (CPI-adjusted annually by DSHS), not the old $50,000. Track gross income against the current-year figure; crossing it means you're no longer a cottage food operation and must meet full food-establishment rules. Confirm the current inflation-adjusted number with DSHS each year.

How long it takes and what it costs in Texas

Timeline: Effectively immediate — there is no permit, application, or waiting period. Practical steps: complete an accredited food-handler training course (about two hours online), design labels carrying the required in-home-production disclosure and allergen statement, and, if you don't want your home address on the label, register with DSHS for a unique label identifier. Most operators are compliant and selling within a day or two.

Cost: $0 — no permit required. Texas law prohibits requiring a license, permit, or fee to run a cottage food operation. Budget only for an accredited food-handler training course (a small one-time fee) and label printing; registering a DSHS unique label identifier is optional.

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Texas cottage food labels — FAQ

Does Texas require a “made in a home kitchen” disclaimer?

Texas requires this exact statement on a cottage food label: “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” The state sets no minimum point size for it.

Do I have to print my permit number on the label in Texas?

No. Texas does not require a permit or registration number printed on the label.

What has to be on a Texas cottage food label?

At minimum: product name — the common name of the food; your business / producer name; the address of the cottage food operation; a complete ingredient list, in descending order by weight (sub-ingredients included); an allergen declaration — the 9 major FDA allergens, in the ingredient list or a “Contains:” line; net weight, in US customary and metric units; the state's required disclaimer (see below).

Do I need a license to sell homemade food in Texas?

Registration in Texas goes through Texas Department of State Health Services (DSHS). No general permit or registration is required to be a cottage food production operation. Register with DSHS if the operation sells TCS foods to consumers (Sec. 437.01953(a)(1)). Register with DSHS if you are a cottage food vendor purchasing cottage food at wholesale (Sec. 437.01965(d)). Optional registration with DSHS to obtain a unique identification number that may replace the home address on labels (Sec. 437.0193(b-1)).

What foods can I sell under the Texas cottage food law?

Allowed: SB 541 inverted the list: any food is allowed except the six prohibited categories in Sec. 437.001(2-b)(A)(i)-(vi) (the former closed list of ~20 permitted items was struck); Time and temperature control for safety (TCS) foods may now be sold directly to consumers if the operation registers with DSHS, stores/delivers at the temperature needed to prevent bacterial growth, and labels per Sec. 437.0193 (new Sec. 437.01953); TCS food is defined in relocated Sec. 437.001(8): food requiring time/temperature control to limit pathogen growth or toxin production; may include protein-and-moisture foods that are neutral or slightly acidic (meat, poultry, fish and shellfish products, pasteurized and unpasteurized milk and dairy, raw seed sprouts, baked goods needing refrigeration such as cream or custard pies or cakes, ice products); excludes a final product that uses TCS ingredients but does not itself require temperature control; Pickled fruit or vegetables, fermented vegetable products and plant-based acidified canned goods remain allowed but are subject to Sec. 437.01951: recipe from a DSHS-approved source, laboratory-tested, or approved by a process authority, or per-batch testing with a calibrated pH meter, confirming an equilibrium pH of 4.6 or less; batch numbering and 12-month records required; does not apply to pickled cucumbers; Non-TCS foods may additionally be sold at wholesale to a registered cottage food vendor (Sec. 437.0194(a-1)); Non-TCS food may be donated for sale or service at an event, including a religious or charitable organization's bake sale, to the same extent an individual may donate food (Sec. 437.01955(b)).

How much can I sell in Texas before I need a commercial licence?

Is this legal advice?

No. CottageCompliance gives general information based on each state's published rules, dated to when we last verified them. Always confirm with your state or local agency before selling.

Source: Texas DSHS Cottage Food page; SB 541 (89th Legislature, 2025). Reconfirm on dshs.texas.gov/foods/cottage-food-production-operations. Verified 2026-06-15. General information, not legal advice — confirm with your state or local agency before selling.