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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
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

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.

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.

Texas changes its rules — we'll tell you

Cottage food laws get revised, and a new disclaimer or font size can quietly make your label non-compliant. Leave your email and we'll write to you only when Texas's cottage food label rules change. Nothing else, ever — and you can unsubscribe from any message.

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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).

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.