Cottage food rules
License to sell baked goods in Texas: what to check
How to find the Texas rules that apply to your kitchen, without guessing.
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What to remember
- Confirm the rules for your county and your city before your first paid order.
- Ask about labels and sales limits at the same time, not later.
- Write down the date, the name, and the answer you were given.
- Recheck before you add a new product, a new market, or a new way of selling.
Most home bakers start with a phone call and a lot of guessing. You do not have to guess. The steps below work in Texas and anywhere else: find the office that handles food where you live, describe your kitchen honestly, and get the answer in writing. If you want the wider picture first, read license to sell baked goods from home before you pick up the phone.
Find the office that handles food where you live
Your county health department is where food rules usually sit, and your city may add its own layer on top. Call both. Say you are a home baker, not a restaurant, and describe your kitchen as it actually is: the oven you have, the pets, the kids, the counters. Ask what they require before you sell to the public. If they pass you to someone else, write down that name too.
Be specific when you call. Say what you bake, how often, whether you sell at your door or at a market, and whether you take orders online. Vague questions get vague answers, and a vague answer is the one that costs you later.
Call your county health department
Say you are a home baker and ask what they require before you sell to the public.
Ask your city as well
City rules can sit on top of county rules. Ask both, and note who told you what.
Describe what you actually bake
List your products, how often you bake, and where you plan to sell them.
Ask about labels
Find out what has to be printed on your package and where it goes.
Ask about limits and places
Ask whether there is a cap on what you can sell and whether markets or online orders are treated differently.
Write it all down
Record the date, the name, and the answer, then put any renewal date in your calendar.
What to have ready before your first paid order
Two things trip people up more than the paperwork. The first is labeling: ask what has to appear on your package and where, then print it before you bake. The second is sales tax, which is a separate question from whether you are allowed to sell. Cottage food laws and sales tax walks through what to expect. If your answer turns out to be a full home bakery license rather than a simpler home baking allowance, how to get a home bakery license covers that path.
Set up your labels and your records before the orders start coming, not after. A simple notebook or a spreadsheet is enough at the beginning: what you baked, what you sold it for, and where it went.
When your baking grows past your kitchen
The rules you checked in January may not cover the market you want to join in June, or the wholesale order someone offers you. Before you add a new product, a new market, or a new way of selling, ask again. If you are weighing the cost of the next step up, how to apply for cottage food law lays the application out in order.
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Common questions
Do I need a license to sell baked goods from my home in Texas?
That depends on what you bake and how you sell it, so confirm it with your county and city before your first paid order. Ask them directly and write down the answer.
Who should I call first?
Start with your county health department and your city offices, and ask each of them what they require of a home baker. If either one sends you to another office, note that name as well.
Can I sell at a farmers market?
Ask the market manager what they ask of sellers, and check with your health department before you book a table. Get both answers before you pay for a spot.
Is sales tax part of getting a license?
No, sales tax is a separate question from whether you are allowed to sell. Confirm your own situation with a tax professional, and read our guide on cottage food laws and sales tax.
What happens if I move or change my kitchen?
Ask your health department again. A new address or a rebuilt kitchen is a good moment to recheck what applies to you.
Do I have to renew anything?
Ask when you apply and put the renewal date in your calendar the same day, so it does not sneak up on you in the middle of a busy week.
General information, not legal or tax advice. Rules differ by state, county, and city, so confirm with your local health department before you sell.