Cottage food rules
Cottage Food Laws in Austin, Texas: What Home Bakers Need
Know what to register, what training to take, and what to put on a label before you sell.
What to remember
- No permit or license for most homemade foods sold from your own kitchen.
- Register with the Texas Department of State Health Services.
- A local health department or government cannot require cottage food fees or permits for production, sale, or sampling.
- Complete a basic food safety education or training program for food handlers.
- A retail store selling cottage foods must register with the state.
If you are new to selling from home, start with the big picture in Cottage Food Law Texas. Then come back here for the Austin angle: what you register, what training you complete, and what a local office can and cannot ask of you.
The Texas cottage food rules are the ones to check for a home baker in Austin. The useful split is simple: state registration and training on one side, local limits on fees and permits on the other. Keep those two pieces separate and you will not waste a morning chasing a permit that state law says a local office cannot require for cottage food production, sale, or sampling.
Registration and local rules
The Texas cottage food statute is contained largely in Chapter 437 of the Texas Health and Safety Code. Chapter 437 is titled Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors. The Department of State Health Services cottage food production page provides information related to licensing, training materials, and food labeling. The filing path is in Cottage Food Law Texas Registration.
Registration is not the same as a license. The state says you register with the Department of State Health Services, and the DSHS cottage food production page is where the state puts its licensing, training, and labeling information. If a form asks for a license number, slow down and check the DSHS page before you pay anyone.
Food safety training
An individual who operates a cottage food production operation must have successfully completed a basic food safety education or training program for food handlers accredited under the applicable subchapter. The DSHS cottage food production page provides training materials. Keep your certificate where you can find it when a customer or a shop asks.
The requirement is tied to the individual who operates the cottage food production operation. Put the completion date on your own calendar so you can find it later, and keep it with your registration notes.
Labels, taxes, and other businesses
The DSHS cottage food production page provides information related to food labeling. For the words that go on your package, see Cottage Food Law Texas Labels. For sales tax, see Cottage Food Law Texas Taxes.
A label is part of the sale, not a sticker you add later. The DSHS page points you to food labeling information, and the Texas label guide walks through the wording.
A retail store acting as a cottage food vendor must register with the Texas Department of State Health Services, and this registration is mandatory for any third party selling cottage foods. If a shop wants to sell your bakes, ask how it has handled that registration before you hand over a box.
Keep your registration, training completion, label wording, and tax notes together. When a customer or a shop asks, you can answer without digging through your phone.
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Common questions
Do I need a city permit to sell homemade bakes in Austin?
Texas does not require a permit or license to sell most homemade foods from your own kitchen, but you register with the Department of State Health Services. State law also prohibits a local health department or government from requiring fees or permits for cottage food producers for production, sale, or sampling.
Do I need food safety training?
Yes. An individual who operates a cottage food production operation must have successfully completed a basic food safety education or training program for food handlers accredited under the applicable subchapter.
Does a shop that sells my bakes need to register?
A retail store acting as a cottage food vendor must register with the Texas Department of State Health Services, and this registration is mandatory for any third party selling cottage foods.
Where do I find label and training information?
The Texas Department of State Health Services cottage food production page provides information related to licensing, training materials, and food labeling.
What are acidified canned goods?
Chapter 437 defines acidified canned goods as food with a finished equilibrium pH value of 4.6 or less that is thermally processed before being placed in an airtight container.
Sources
General information, not legal or tax advice. Check the current Texas statute and the Department of State Health Services page before you sell.