Cottage food rules
New Cottage Food Laws Texas: What Home Bakers Need
What Texas asks of you before you sell a single bake from your kitchen.
On this page
What to remember
- No permit or license is needed for most homemade foods sold from your own kitchen.
- You still register with the Department of State Health Services before you sell.
- You must have completed a basic food safety education or training program for food handlers, accredited under the subchapter.
- A cottage food production operation is not a food service establishment under Section 437.0191.
- Check the 2025 Cottage Food Registration Guide for the current paperwork.
If you have family or customers asking how Texas compares, it helps to see how other states handle it, like South Carolina or the Indiana cottage food law. The short version for Texas is below.
You register, you do not need a permit
The Texas cottage food rules do not require a permit or license to sell most homemade foods from your own kitchen. What they do require is that you register with the Department of State Health Services. The department’s cottage food production page is where it keeps information on licensing, training materials and food labeling for producers. Start there rather than with a blog post from five years ago.
The statute itself is contained largely in Chapter 437 of the Texas Health and Safety Code. Section 437.0191 makes a point of saying a cottage food production operation is not a food service establishment, which is why the rules you follow look different from the ones a restaurant follows. 25 Texas Administrative Code 229.661 is the piece that carries the labeling and production rules the department adopts.
Food safety training comes with it
Section 437.0195 says that a person who operates a cottage food production operation must have successfully completed a basic food safety education or training program for food handlers, accredited under that subchapter. In plain terms, you need a food handler course behind you, not just good habits. The Department of State Health Services keeps training materials on its cottage food page, so you can see what counts before you pay for anything.
Labels, and the canned goods definition
Labeling rules come from 25 Texas Administrative Code 229.661, so your labels are not a personal choice, they are part of the deal. The department also lists food labeling information on its cottage food production page, and the 2025 Cottage Food Registration Guide is worth reading end to end. If you are thinking about anything in a jar, read the definition first: 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.
If you want a sense of how much detail a cottage food label carries, our Maryland label template walkthrough shows the shape of it. The wording for Texas comes from the Texas rules, so use the Texas guide for the actual text.
Where to check before you bake
Rules can be revised, and a guide from a few years back may not match what the department asks for now. The Texas Department of State Health Services cottage food production page and the 2025 registration guide are the two places to confirm registration, training and labeling before you take your first order. When something on a forum contradicts the department, trust the department.
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Common questions
Do I need a permit to sell cakes from my kitchen in Texas?
No. Texas does not require a permit or license to sell most homemade foods from your own kitchen. You do need to register with the Department of State Health Services.
What training do I need before I sell?
You must have successfully completed a basic food safety education or training program for food handlers, accredited under the subchapter, as set out in Section 437.0195. The department lists training materials on its cottage food production page.
Is my home kitchen treated like a restaurant?
No. Section 437.0191 says a cottage food production operation is not a food service establishment.
What are acidified canned goods?
Chapter 437 defines them as food with a finished equilibrium pH value of 4.6 or less that is thermally processed before being placed in an airtight container.
Where do the labeling rules come from?
25 Texas Administrative Code 229.661 implements Chapter 437 and requires the department to adopt rules for labeling and production.
Sources
- Cottage Food Law Library: Texas
- Texas Cottage Food Law: Legal Sources
- 25 Tex. Admin. Code 229.661
- Texas Health and Safety Code Section 437.0191
- Texas Health and Safety Code Section 437.0195
- Texas Health and Safety Code Chapter 437
- Texas DSHS: Texas Cottage Food Production
- Texas DSHS Cottage Food Registration Guide, 2025
This is general information about Texas cottage food rules, not legal advice. Rules can change, so confirm registration, training and labeling with the Texas Department of State Health Services before you sell.