Texas Cottage Food Law: Your Essential Guide to Baking and Selling from Home

Before You Bake: Must-Know Texas Cottage Food Regulations

Approved & Prohibited Foods
Please review our "Approved List" above. For additional information please visit the Texas Department of State Health Services. Click on any of our info photos to share with others!

No Wholesaling: Wholesaling means selling your products to a business that resells them to consumers. In Texas, cottage food laws prohibit wholesaling to retail food facilities (e.g., coffee shops), even if you’re present. Home-baked goods are considered an unapproved source because they are not produced in a permitted food facility inspected by health authorities.

Where can I physically sell my cottage food products? You may sell directly at any non-retail food locations (e.g., clothing stores and farmer markets) as long as you or an employee are present to control the product. You can get creative and have cute carts, trucks, and pop-up shops where you can sell your products. Local ordinances apply.

Prepackaged Items: All products (including samples at non-farmers markets) must be pre-packaged in your home kitchen unless too bulky (e.g., a tiered wedding cake).

Products Cannot Be Shipped or Sold Out-of-State: In Texas, online sales require in-person delivery or pickup, and cottage food products cannot be shipped out of state. To ship nationwide, consult your local health department or the Texas Department of State Health Services for guidance on obtaining a retail food permit (e.g., for a retail bakery or commissary kitchen) and/or a manufacturing permit. Retail food and manufacturing laws differ from Texas Cottage Food Law.

Texas Cottage Food Disclaimer for Online Sales: The following disclaimer must appear on all online sales and labels: "This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department."

End Consumer Flexibility: The end consumer doesn't have to be the buyer. A customer can purchase online and have the baker hand-deliver it as a gift to someone else. However, since the sale was made online, delivery must be in person.

Allergens and Advertising: Advertising media of cottage food products for health, disease, or other claims must be consistent with those claims allowed by the Code of Federal Regulations Title 21, Part 101, Subparts D, E, and F. You cannot make certain claims on labels or in online sales, such as advertising products as "gluten-free" unless they have been tested and verified to contain less than 20 ppm of gluten. While you may accommodate these requests, you are prohibited from marketing products as gluten-free unless they meet the requirements. To view more information, click The Code of Federal Regulations. NOTE: Some states allow bakers to label their products with "gluten-free flour" under the ingredients list.

What You Need to Legally Sell Home-Baked Goods in Texas

1.) Complete Food Safety Training: Obtain a valid Texas food handler card from an accredited training program. Visit the Texas Department of State Health Service's Accredited Food Handler Courses. You may use the code "HOMEBAKED" to save $5 at www.FoodSafePal.com. A health permit is not required in Texas for cottage food operations since all products produced are considered low-risk.

2.) Ensure Your Final Products Are Non-TCS: You may use ingredients like eggs, cream, butter, and milk, but your FINAL product must be a non-Time and Temperature Control for Safety (non-TCS) food—meaning it does not require refrigeration to prevent pathogen growth or toxin production. For guidance, you may review Texas' Accredited Laboratories and the recipe guide, "Come & Bake It Book", though we recommend testing your own products for your protection. You may review the FDA’s pH and water activity (Aw) chart below to understand how they limit pathogen growth.

3.) Create Labels: Food labels for Texas Cottage Food operations must include the name and address of the operation, the product's common name, a clear identification of any major allergens, and the required disclaimer: "This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department." NOTE: If selling frozen raw or uncut fruits and vegetables, or fermented, canned, or pickled fruits and vegetables, additional labeling requirements apply. These items are not sold on Homebaked Nearby. View all labeling requirements here.

FDA Major Allergens for Baked Goods:
Tree nuts (e.g., walnuts, pecans, pistachios, cashews)
Peanuts
Wheat
Milk
Soy
Eggs
Sesame seeds
*Always check product labels for hidden ingredients—even vegetable oil sprays can contain soy!

Important Guidelines Every Texas Baker Should Review

Create Your Shop on Homebaked Nearby: Join our community of bakers! While many wonderful platforms exist, we’re the #1 choice for mobile ordering, making it easier for customers to buy—and therefore more often! Once approved, you’ll get a shop link to add to your social media. Nationwide customers can also order via our marketplace homepage. Though we’re Austin-focused, bakers across Texas can join and start accepting orders today! For more information, please visit our Homebakers FAQs.

Understand the Law: Familiarize yourself with the Texas Cottage Food Law. Knowing the rules is essential to operating legally and confidently. Thankfully, Homebaked Nearby is the #1 platform for complying with cottage food laws. As you set up your shop, our system will prompt you to include the necessary information and automatically prevent certain illegal transactions, giving you and your customers peace of mind. For more information, please visit the Texas Department of State Health Services.

Register Your Business Name: Choose a business name and register it as a "Doing Business As" (DBA) with your county. You may also consider trademarking your name with the Texas Secretary of State. It can take several months to receive a notification of approval.

Check Sales Tax Requirements: Consult the Texas Comptroller to determine whether your product requires sales tax and whether you need a Sales & Use Permit. This process is free. Always obtain information in writing since verbal advice can sometimes be inaccurate. As a marketplace, Homebaked Nearby automatically calculates and remits sales tax for you.

Consult a Legal Professional: Speak with a tax or legal expert about structuring your business (e.g., Sole Proprietorship, LLC). Remember, cottage food income is subject to federal taxes.

Obtain Insurance: Contact your local insurance agent or carrier to obtain General Liability Insurance with Product Liability for your home bakery business. Many bakers use Food Liability Insurance Program.

Open a Business Bank Account: Separate your personal and business finances by opening a dedicated business account.

FDA Recalls Stay up-to-date on important food recalls by visiting the FDA's website.

Safe Baking Practices: Empowering Home Bakers with Knowledge

1.) Why aren’t sliced fresh fruits and vegetables allowed as garnishes or used for cake fillings? Slicing fresh fruits and vegetables can transfer pathogens from the surface to the moist interior, creating an environment that promotes bacterial growth. Additionally, once sliced, fruits and vegetables begin to deteriorate, affecting their stability. Cottage food laws are designed to ensure products remain safe and stable at room temperature, which is why sliced fresh fruits and vegetables are not allowed as garnishes or fillings.

2.) Banana bread, zucchini bread, and blueberry muffins are baked, why are many recipes still resulting in a TCS food? Cooking fruits or vegetables can turn them into TCS (time/temperature control for safety) foods because the heating process alters their properties. This is why baked fruits and vegetables are not allowed on top of breads. Most states only permit fruits and vegetables if they are incorporated into a very sugary batter, baked, and result in a non-TCS final product. However, banana bread, zucchini bread, and blueberry muffins often retain too much moisture (water activity) from the addition of the fruits or vegetables. The product's sugar content and pH may still not be high or low enough to prevent the growth of pathogens, making them potentially unsafe for cottage food sales.

2.) Are gloves required when preparing foods? Gloves are not required for non-ready-to-eat foods (like raw cookie dough). However, once food becomes ready-to-eat (e.g., after baking or handling whole strawberries used for garnishes), it’s recommended to follow these Texas Glove Usage Guidelines.

3.) Can I sell charcuterie boards or add bacon to cupcakes? No, meat products aren’t allowed under Texas Cottage Food Law. To sell them, contact your local health authority or the Texas Department of State Health Services for a retail permit. See item #6 below.

4.) Can I visually check my banana bread for mold to determine if it’s a TCS food? No, visual inspection is not a substitute for laboratory analysis, as harmful pathogens are invisible to the naked eye. To determine if a food is a non-TCS food, you must submit it for laboratory analysis.

5.) Are pets allowed in a home kitchen under Texas Cottage Food Law? The law doesn’t specifically mention pets, but as a best practice, they shouldn’t be in the kitchen during food preparation or storage. Please clean all food preparation surfaces prior to commencing cottage food operations. On Homebaked Nearby, pets are not permitted in the home kitchen during food preparation, food storage, and equipment storage to uphold a higher and more common standard of food safety.

6.) How can I legally expand beyond Texas Cottage Food Law? Under Texas Cottage Food Law, TCS (time/temperature control for safety) foods, meats, and interstate sales are prohibited. To expand, you’ll need to check with:

1.) Your Local Health Department (if your area has one)
2.) The Texas Department of State Health Services (DSHS)

The permits you need depend on your business model and location:
For in-state direct sales (e.g., delivering a TCS cake or charcuterie board to customers): A retail food permit may be required, which can typically be obtained by owning your own retail food facility or operating from an approved commissary, shared, or ghost kitchen.
For shipping in state (with no in-person transaction) or out-of-state: A food manufacturing permit from DSHS is typically needed.
If no local health department oversees your area: You’ll only need a DSHS permit.
*Since the permit process varies by your location in Texas, always contact the appropriate agencies, clearly explain your business plan, and get written confirmation of required permits for your protection.

Disclaimer: We are not tax or legal experts and do not represent any state or local regulatory body. This is not legal advice. For specific advice, please consult a qualified professional.