Cottage food rules
Does Texas Have Cottage Food Laws?
What Texas allows from your home kitchen, and what you have to do first.
On this page
What to remember
- Texas cottage food law lives largely in Chapter 437 of the Texas Health and Safety Code.
- You do not need a permit or license to sell most homemade foods from your own kitchen.
- You do register with the Texas Department of State Health Services.
- You must complete a basic food safety education or training program for food handlers.
- Labeling rules apply, set out in 25 Texas Administrative Code Section 229.661.
If you are baking from your kitchen in Texas and selling to neighbors, that is exactly the situation these rules were written for. The state treats you differently from a restaurant or a commercial kitchen, and that is the whole point of the cottage food law. It also means the rules are narrower than they first look, so read the sections below before you take your first order.
What the law actually says
The Texas cottage food statute as passed by the legislature is contained largely in Chapter 437 of the Texas Health and Safety Code. Under Health and Safety Code Section 437.0191, a cottage food production operation is not a food service establishment for purposes of that chapter. That single distinction is what keeps you out of the Texas Food Establishment Rules, which is why your home kitchen does not have to be built or inspected like a commercial one.
The rules that fill in the details come from 25 Texas Administrative Code Section 229.661, which implements Chapter 437 and requires the department to adopt rules for labeling and production of cottage foods. If you want to see how other states handle this, our guide to Tennessee cottage food laws and the one on Oklahoma cottage food laws make a useful comparison.
Registration and training
Texas does not require a permit or license to sell most homemade foods from your own kitchen, but producers register with the Department of State Health Services. The DSHS publishes a Cottage Food Registration Guide document for producers, and it is worth reading before you fill anything in.
Training is separate from registration and it is not optional. Under Health and Safety Code Section 437.0195, 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 relevant subchapter. Keep your certificate where you can find it, because you will be asked about it.
Labeling your bakes
Labeling is where most home bakers get caught out, and it is the part the administrative code covers directly. The Texas Department of State Health Services maintains a Texas Cottage Food Production page with information on licensing, training materials, and food labeling for cottage food producers. Start there and use their labeling guidance rather than copying a label from another baker, since someone else’s label may not match what you are selling.
Getting your prices right from day one
Once you know what you can sell and how it must be labeled, the next thing that decides whether this earns you money is price. A label tells a customer what is in the box, but your costing tells you whether the box was worth baking. Work out ingredients and packaging for a full batch before you set a number.
If you are still choosing how to take orders, it helps to see what other bakers weigh up. Our fair roundup of the home bakery app options covers the practical differences, and the cost of Bakesy breaks down what a monthly fee really adds up to over a year.
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Texas gives home bakers a real path to selling legally from their own kitchen. Register, do the training, label properly, and price with care, and you have a business you can grow from your own oven.
Common questions
Do I need a permit or license to sell homemade baked goods in Texas?
Texas does not require a permit or license to sell most homemade foods from your own kitchen, but producers register with the Department of State Health Services.
Do I have to take a food safety course?
Yes. Under Health and Safety Code Section 437.0195, 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 relevant subchapter.
Does my home kitchen have to follow the Texas Food Establishment Rules?
No. A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules, per Health and Safety Code Chapter 437.
Where can I read the actual law?
The Texas cottage food statute is contained largely in Chapter 437 of the Texas Health and Safety Code, and 25 Texas Administrative Code Section 229.661 implements it with rules for labeling and production.
Where do I find labeling and training information?
The Texas Department of State Health Services maintains a Texas Cottage Food Production page with information on licensing, training materials, and food labeling, and publishes a Cottage Food Registration Guide for producers.
Sources
- Texas Cottage Food Production, Texas Department of State Health Services
- Texas Cottage Food Law legal sources
- Texas Health and Safety Code Section 437.0191
- Texas Health and Safety Code Section 437.0195
- 25 Texas Administrative Code Section 229.661
- Texas cottage food law library
- Cottage Food Registration Guide, Texas DSHS
This is general information about Texas cottage food rules, not legal advice. Rules can change. Check the Texas Department of State Health Services page and the current statute before you sell, and talk to a lawyer if your situation is unusual.