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Texas Cottage Food Law: What You Can Sell in 2026
Legal & Licensing

Texas Cottage Food Law: What You Can Sell in 2026

By Baker Setup Editorial Team

Quick answer: Texas has one of the friendliest cottage food laws in the country. You need no license or permit — just an accredited food handler's course (about $10–$15) — and you can earn up to $150,000/year selling breads, cakes, cookies, candy, and jams from your home kitchen. You can sell online and ship within Texas. Here's the full breakdown.

Note: This is a plain-English guide, not legal advice. Cottage food rules change — verify the current details with the Texas Department of State Health Services before you start selling.

Do you need a license to sell baked goods in Texas?

No. Texas does not require a license, permit, registration, or kitchen inspection to operate a cottage food business. In fact, state law specifically prohibits cities and counties from regulating, licensing, or charging a fee to cottage food producers.

There is exactly one requirement before you sell: you must complete an accredited food handler's training course. This is an online class (providers like Learn2Serve are state-approved), takes about two hours, and costs roughly $10–$15. Keep your certificate on file.

You only need to register with your local health department in a few specific situations:

  • You want to sell perishable foods (like cheesecake or certain custards).
  • You want to put a state-issued ID number on your labels instead of your home address.
  • You want to sell another producer's cottage foods at a market.

For the typical home baker selling cookies, cakes, and breads, none of that applies — you complete the food handler course and you're legal to sell.

What you can (and can't) sell

Texas is unusual: instead of listing what's allowed, the law lists what's prohibited. If a food isn't on the banned list and isn't perishable, you can generally sell it.

Allowed (non-perishable):

  • Breads, rolls, and all baked goods
  • Cookies, cakes, and wedding cakes
  • Buttercream frosting (allowed in Texas — many states ban it)
  • Candy, chocolate, and fudge
  • Jams, jellies, marmalades, and fruit butters (pH ≤ 4.6)
  • Pickles and fermented/acidified foods with batch pH records
  • Dried herbs, mixes, granola, popcorn, and nut butters
  • Honey, and whole/hard-boiled eggs

Texas even allows certain perishable items — cheesecakes, cream pies, soups, casseroles — if you register for perishable sales with your local health department and sell them direct-to-consumer only.

Prohibited:

  • Meat, poultry, seafood, and fish
  • Raw milk and raw-milk products
  • Low-acid canned goods and meat jerkies
  • Ice cream, gelato, and other frozen dairy
  • CBD/THC products and pet food

Where and how you can sell

Texas gives you wide latitude on sales channels. You can sell at:

  • Your home, farmers markets, festivals, fairs, and roadside stands
  • Online — take orders and payment over the internet
  • By pickup, local delivery, or in-state mail/shipping for non-perishable items

Two rules to remember:

  1. In-state only. You cannot ship across state lines — no cottage food law permits interstate sales.
  2. Perishables are direct-to-consumer only. Registered perishable items can't be shipped or sold wholesale; the customer has to get them from you directly.

For non-perishable goods, you can even sell indirectly through some retail stores and restaurants — a bigger allowance than most states give.

How to label your products

Every cottage food product in Texas must carry a label with:

  • Your business name and home address (or your DSHS-issued ID number)
  • An allergen statement — "Contains: milk, eggs, wheat, soy…" as applicable
  • This exact disclaimer:

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

Perishable items (if you registered for them) also need a production date and "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption."

Texas does not require a full ingredient list or net-weight statement the way Florida and Michigan do — but listing ingredients is good practice and builds customer trust. (Double-check current requirements on the DSHS page, since label rules are the detail states tweak most often.)

The cheapest way to produce clean, repeatable labels at home is a thermal label printer — no ink, just peel-and-stick rolls:

MUNBYN Bluetooth Thermal Label Printer RW403B, Wireless 4x6 Shipping Label Printer for Small Business, Compatible with Android, iPhone, Windows, Mac, Chromebook, Print Width 1.57"-4.25" (Grey)

MUNBYN Bluetooth Thermal Label Printer RW403B, Wireless 4x6 Shipping Label Printer for Small Business, Compatible with Android, iPhone, Windows, Mac, Chromebook, Print Width 1.57"-4.25" (Grey)

$75.99
View →

And if you start selling items priced by weight (granola, fudge, nut butters), a reliable kitchen scale keeps your portions — and your pricing — consistent:

OXO Good Grips 11 lb Food Scale with Pull-Out Display

OXO Good Grips 11 lb Food Scale with Pull-Out Display

4.7$49.99
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How much can you make? The $150,000 cap

As of September 2025 (Senate Bill 541), the Texas cottage food sales cap is $150,000 in gross annual sales, up from the previous lower limit. Even better, the cap is now indexed to inflation, so it rises a little every year.

That's a generous ceiling — most home bakers never approach it. If you do, your next step is moving production into a licensed commercial kitchen or renting time in a shared/commissary kitchen, which converts you from a cottage operation into a licensed food establishment.

Before you scale, make sure your prices actually leave a profit. Our cottage bakery pricing formula walks through exactly how to charge so that hitting the cap means real income, not just revenue.

How to start a cottage food business in Texas, step by step

  1. Take an accredited food handler's course (~$10–$15, online, ~2 hours). Save the certificate.
  2. Decide what you'll sell — confirm each product is non-perishable and not on the prohibited list.
  3. Register only if needed — for perishable items, an anonymous label ID, or reselling others' goods.
  4. Set up labels with your name, address, allergen statement, and the required disclaimer.
  5. Price your menu to cover ingredients, packaging, and your time.
  6. Pick your channels — farmers market, Instagram, a simple website — and start taking orders.

For the equipment side of getting started, see essential baking tools for starting a home bakery and our real-numbers breakdown of how much it costs to start a home bakery.

What to do next

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Frequently asked questions

Do I need a license to sell baked goods from home in Texas?
No. Texas does not require a license, permit, or inspection to run a cottage food business, and local governments are barred from requiring one. The one thing you must do before selling is complete an accredited food handler's course — an online class that takes about two hours and costs around $10–$15.
How much can I make under the Texas cottage food law?
As of September 2025 the cap is $150,000 in gross annual sales, raised from the previous lower limit by Senate Bill 541. The cap is now indexed to rise with inflation each year. If you expect to exceed it, you'd need to move production into a licensed commercial or shared-use kitchen.
Can I sell my baked goods online and ship them in Texas?
Yes. You can take orders and payment online and ship non-perishable items, but only to customers within Texas — interstate shipping is not allowed under any state cottage food law. You must show all required label information to the buyer before they pay. Perishable foods (like cheesecake) can only be sold directly to the consumer, not shipped or wholesaled.
Can I sell cakes with buttercream frosting in Texas?
Yes. Unlike Florida, Texas allows buttercream frosting under its cottage food law. Cakes, wedding cakes, cookies, breads, candy, and jams are all permitted. What's prohibited is anything requiring refrigeration for safety unless you register for perishable sales with your local health department.

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