Texas Cottage Food Laws

Cottage Food Operators (CFOs) are individuals who make food in their home kitchens to sell:

• Cottage Food Operators that sell Non-Time and Temperature Controlled for Safety (non-TCS) Foods
  • Sub categories:
    • Selling only direct-to-consumer
    • Selling both direct-to-consumer and wholesale to a 3rd party vendor
• Cottage Food Operators that sell Time and Temperature Controlled for Safety Foods (TCS) (can also sell non-TCS foods)

Note: Cottage Food Operators may sell any combination of allowable Non-TCS and TCS foods, provided total gross sales remain under $150,000/year across all Texas Cottage Food activities.

These are people who are re-selling items made by cottage food operators:

• Vendors can purchase only non-TCS foods from Cottage Food Operators and sell to consumers (selling of TCS cottage foods is not permitted by a vendor)

Note: Vendors may sell cottage food items at farmers' markets, farm stands, food service establishments, or retail stores. Products must remain in their original home-kitchen packaging as prepared by the CFO and cannot be used as ingredients in other items.

Starting September 1, 2025, Texas cottage food producers can make and sell any food directly to consumers, except:

• Meat, meat products, poultry, poultry products;
• Seafood, seafood products, fish, shellfish, shellfish products;
• Ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato;
• Low-acid canned goods;
• Products containing CBD or THC; or
• Raw milk or raw milk products.

1. CFOs selling non-TCS foods must take an accredited course in safe food handling every two years.
   1. This course is widely available from multiple providers online and in-person.
   2. The cheapest option we have found is through Ace Food Handlers. If you follow this link(opens in new tab), the Farm and Ranch Freedom Alliance gets a small affiliate support.
2. Food items must be packaged to prevent contamination and prepared in the operator's home residence kitchen.
   1. Exceptions for large or bulky foods (example: wedding cakes).
3. All items must be labeled with:
   1. Name and home address OR name and a registration number provided by the Texas Department of State Health Service (DSHS).
   2. Common name of the product (e.g. freeze dried blackberries, bread, etc)
   3. If the products includes any of the listed allergens, that must be indicated on the label: eggs, nuts, soy, peanuts, milk, wheat, fish or shellfish, that ingredient must be listed on the label; and
   4. The following statement: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
   5. Note that a full list of ingredients is not required, although it is best practice.
4. Any direct-to-consumer sale within the state is allowed. If you are selling through the internet (such as through a website or other internet purchasing portal), the CFO, employee, or household member must personally deliver the food to the consumer.
   1. As of September 1, 2025, you are also permitted to sell Non-TCS foods as a wholesaler to a Cottage Food Vendor (e.g. grocery store, convenience stores, etc.).
      1. If you sell to a vendor, you must include the date of when the food was prepared on the label.
5. Note: CFOs can sell up to $150,000 of cottage foods annually. If you go beyond those limits, you need to obtain a food manufacturers license(opens in new tab) and operate in a commercial kitchen.
6. If you are still unsure about labeling and registration guidelines, we have a comprehensive guide about ingredient lists, allergen warnings, and state registration requirements. Grab our free, all-in-one resource guide:
   1. Click Here to Download the Ultimate Food Labels & Registration Guide

A Time-and-temperature-control-for-safety (TCS) food is one that must be kept at safe temperatures (less than 40℉ or over 135℉) to limit pathogen (e.g., bacterial) growth or toxin production. It often includes protein and moisture and is neutral or slightly acidic, such as meat products, dairy products, raw seed sprouts, baked goods that require refrigeration (e.g. cream or custard pies or cakes).

CFOs can sell TCS foods directly to consumers subject to the general limitations (under $150K/year, no meat/seafood/milk/etc.), with some additional requirements (shown in bold below). TCS cottage food operators must:

1. Take an accredited course in safe food handling every two years.
   1. This course is widely available from multiple providers online and in-person.
   2. The cheapest option we have found is through Ace Food Handlers. If you follow this link(opens in new tab), the Farm and Ranch Freedom Alliance gets a small affiliate support.
2. Food items must be packaged to prevent contamination and prepared in the operator's home residence kitchen.
3. All items must be labeled with:
   1. Name, address (optional), and a registration number provided by the Texas Department of State Health Service (DSHS).
      1. A CFO selling TCS foods must register with DSHS(opens in new tab).
   2. Common name of the product (e.g. cheesecake, etc)
   3. If the products includes any of the listed allergens, that must be indicated on the label: eggs, nuts, soy, peanuts, milk, wheat, fish or shellfish, that ingredient must be listed on the label; and
   4. The following statement: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
   5. Additional labeling requirements:
      1. The date the food was made
      2. "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption."
4. Store and deliver the food at the air temperature necessary to prevent the growth of bacteria.
5. Any direct-to-consumer sale within the state is allowed. If you are selling through the internet (such as through a website or other internet purchasing portal), the CFO, employee, or household member must personally deliver the food to the consumer.
   1. CFOs cannot sell TCS foods through cottage food vendors; only direct-to-consumer sales are allowed.
   2. Note: If you want to sell TCS foods to a vendor or other wholesale channel, you cannot do it as part of your cottage food operation; you must obtain a food manufacturers license(opens in new tab) and prepare your products in a licensed commercial kitchen.
6. Note: CFOs can sell up to $150,000 of cottage foods annually. If you go beyond those limits, you need to obtain a food manufacturers license(opens in new tab) and operate in a commercial kitchen.
7. If you are unsure about labeling and registration guidelines, we have a comprehensive guide about ingredient lists, allergen warnings, and state registration requirements. Grab our free, all-in-one guide:
   1. Click Here to Download the Ultimate Food Labels & Registration Guide

A cottage food operator can sell non-TCS foods to cottage food vendors, who in turn sell the food to consumers. Non-Time or Temperature Controlled for Safety (non-TCS) foods include such things as:

• Baked goods that do not require refrigeration
• Candy (including chocolate, chocolate-dipped pretzels, etc.)
• Coated and uncoated nuts
• Canned jams and jellies
• Fruit pies & fruit butters
• Dehydrated fruits and vegetables, including freeze dried
• Popcorn, cereal, granola, dry mixes
• Dried herbs or herb mixes
• If you're not sure if your product is non-TCS, you can send a sample to an approved lab for testing: https://www.dshs.texas.gov/foodestablishments/cottagefood/default.aspx(opens in new tab)

Cottage food vendor means a person within Texas who:

1. Has a contractual relationship with a CFO, and
2. Sells directly to consumers within Texas
3. Note: the $150,000 cap only applies to the cottage food operator selling to the vendor, not the vendor themselves.

The vendor must also:

1. Register with DSHS(opens in new tab).
2. The vendor may sell cottage food items at a farmers' market, farm stand, food service establishment, or any retail store.
   1. Note: "Food service establishment" includes restaurants/cafes. However, the food service establishment cannot use cottage food items as an ingredient.
   2. For example, a cafe could sell loaves of sourdough bread made by a cottage food producer, but could not use that bread in sandwiches.
3. The vendor must display sign in a prominent place near where the food is sold: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
   1. If you are selling to a vendor and need help creating a compliant label, use this tool(opens in new tab).
4. In addition to the regular Non-TCS CFO labeling requirements (Name & address or name & registration number, common name of product, listed allergens, statement: THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION), a cottage food product sold by a vendor must also have the date the food was made on the label.
5. The cottage food vendor can only sell directly to consumers; it cannot resell or distribute the products through wholesale chains.
6. If you are unsure about labeling and registration guidelines, we have a comprehensive guide about ingredient lists, allergen warnings, and state registration requirements. Grab our free, all-in-one guide.
   1. Click Here to Download the Ultimate Food Labels & Registration Guide

A cottage food operator (CFO) can sell pickles and ferments to consumers or cottage food vendors in the state of Texas. To qualify under the Texas Cottage Food Law, these products must have a finished equilibrium pH value of 4.6 or lower.

Eligible products include:

• Fruits, vegetables, plant foods, or eggs
• Ways to "pickle":
  • Preserved in vinegar, brine, or similar solution
  • Fermented so that microorganisms produce acid during growth
  • Acidified and canned
• All of these products must meet the requirement for having a finished equilibrium pH value of 4.6 or lower and additional requirements.

We have created a guide just for pickles and ferments to help you navigate pH testing, acidification processes, and food safety registration. Grab our free, all-in-one resource to get your pickle or ferment business safely into production and compliant the right way.

Click Here to Download the Pickles & Ferments Guide