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

Texas Cottage Food Operator Pathways at a Glance

Under the Texas Cottage Food Law, there are three operational pathways available to bakers. You can choose one pathway, combine two, or use all three depending on the foods you prepare and how you want to sell them. Each pathway comes with its own labeling requirements, so it’s important to follow the guidance for the pathway(s) you select. Click on any of our photos to share with others!

Approved TCS Foods List

TCS (Time/Temperature Control for Safety) foods are items that require refrigeration or strict temperature control to prevent bacterial growth and keep them safe to eat. Once registered, Texas Cottage Food Operators may prepare the following approved TCS foods:

Approved Non-TCS Foods (Shelf-Stable)

Non-TCS foods are shelf-stable items that do not require refrigeration or strict temperature control to stay safe for consumption. Below is a list of approved non-TCS foods:

Pathway 1: TCS Foods with Registration

Pathway 1 allows Texas Cottage Food Operators (TCFOs) to prepare approved TCS foods with Texas DSHS registration. Labels must include the made-on date and registration number. Your label, invoice, or receipt must also include this statement: "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until ready to consume." If you are registering to sell TCS foods, it’s recommended to register to remove your home address from the label at the same time.

We recommend keeping refrigerators at 38–39°F and placing at least one thermometer in the warmest spot of the refrigerator to monitor temperatures. New food safety requirements also mandate storing and delivering foods at air temperatures that prevent bacterial growth and protect against illness.

Pathway 2: Non-TCS Foods, No Wholesale

Pathway 2 applies to non-TCS foods that do not require refrigeration or strict temperature control and are sold directly to consumers. Because these products are lower risk and sold by the CFPO directly, Texas DSHS registration is not required. If you choose to remove your home address from labels, registration is required, and the registration number must be included. Below is an example label for this pathway.

Pathway 3: Non-TCS Foods to Wholesale

Pathway 3 applies to approved non-TCS foods that do not require refrigeration or strict temperature control and can be sold directly to consumers by a registered Cottage Food Operator (CFV). To sell wholesale, the CFPO must register with Texas DSHS. Labels must include the registration number and the date prepared. If you are registering to sell wholesale, it is recommended to register at the same time to remove your home address from the label.

Before You Bake: Must-Know Texas Cottage Food Law

Registration Required for TCS Foods, Wholesale, or Label Address Removal
For additional information and free registration, please visit the Texas Department of State Health Services. You will use this registration number for online sales and on your product labels.

Can I Sell my Products Wholesale?
Wholesale refers to selling food in bulk to other businesses or retailers rather than directly to the end consumer. Under SB 541, only non-TCS products can be sold to a registered Cottage Food Vendor (CFV) for resale to consumers.

Cottage Food Vendor & Registration
A “cottage food vendor” is a person in Texas who has a contractual relationship (may be a verbal agreement) with a CFPO and sells products on its behalf in Texas. CFVs may sell directly to consumers at farmers’ markets, farm stands, food service establishments (such as coffee shops or restaurants), or retail stores. A CFV that purchases products from a CFPO at wholesale is required to register with Texas Department of State Health Services. A sign with the following disclosure must be displayed in a prominent location near where the food is offered for sale: “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."

Prepackaged Items
All products must be pre-packaged in your home kitchen unless too bulky (e.g., a tiered wedding cake).

Sampling
CFPOs may provide samples at any location in Texas in accordance with the standards provided by Section 437.020(c).
(1) samples must be distributed in a sanitary manner;
(2) a person preparing produce samples on-site must:
(A) wear clean, disposable plastic gloves when preparing samples; or
(B) observe proper hand washing techniques immediately before preparing samples (We recommend having a gallon water jug with a spigot, a trash can to catch the wastewater, soap in a pump dispenser, and paper towels.)
(3) produce intended for sampling must be washed in potable water to remove any soil or other visible material;
(4) potable water must be available for washing;
(5) Time and temperature control for safety (TCS) food must be maintained at or below 41 degrees Fahrenheit or disposed of within two hours after cutting or preparing; and
(6) utensils and cutting surfaces used for cutting samples must be smooth, nonabsorbent, and easily cleaned or disposed of.

Products Cannot Be Shipped or Sold Out-of-State
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.

Online Sales Restriction
In Texas, all online sales must be fulfilled through in-person delivery or pickup, including sales to Cottage Food Vendors (CFVs). For this reason, third-party delivery services, such as DoorDash, are not permitted. All online listings and product labels must include the following disclaimer in 12-point font: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."

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.

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.

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!

How to Ensure Your Products are Non-TCS Foods?
Read our step-by-step guide (below) on how to have your products tested at an approved laboratory.

Important Guidelines Every Texas Cottage Food 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 are freshly sliced tomatoes and melons (such as watermelon, cantaloupe, and honeydew) considered TCS foods? Slicing fresh melons and tomatoes can transfer surface pathogens to the moist interior, where the pH isn’t low enough to inhibit bacterial growth, creating an environment for pathogen growth.

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 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, certain TCS foods (such as meat and ice products) 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 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.