Cottage food rules
Texas Cottage Food Law Disclaimer: What Your Label Says
Know exactly what the Texas cottage food disclaimer must say before you print another label.
On this page
What to remember
- Your label needs the name and address of your cottage food operation.
- Your label needs the private residence disclosure required by Section 437.0193.
- A Texas cottage food operation is exempt from food service establishment rules and the Texas Food Establishment Rules, according to Texas DSHS.
- Covered food must be packaged to prevent product contamination, except for certain food items.
If you sell bakes from home, the disclaimer is not the place to improvise. Texas gives cottage food operations a lighter path than food service establishments, but it still sets a label duty. If you want to compare how another state words its statement, read this South Carolina cottage food law statement guide.
What the disclaimer has to say
Under Texas Health and Safety Code Section 437.0193, the label must include the name and address of the cottage food production operation. The same section requires a disclosure reading, in part, ‘THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT…’ The source excerpt continues beyond that opening, so do not guess the ending. Use the full current text from the statute when you set up your label. If you sell in more than one state, keep each state’s wording separate. Our Oklahoma cottage food label rules guide shows how another state handles its own label language.
Who has to label, and how food must be packed
The executive commissioner shall adopt rules requiring a cottage food production operation to label all foods described in Section 437.001(2-b)(A) that the operation sells. Food described by that section sold by a cottage food production operation must be packaged in a manner that prevents product contamination, except that certain food items are not required to be packaged that way. That means your label and your packaging both matter. Check the current rule before you pack a new item, especially if you are adding a bake you have not sold before.
What this means for your home bakery
A cottage food production operation in Texas is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules, according to Texas DSHS. The DSHS page describes that exemption, and Section 437.0193 separately sets the label duty. If you are moving from selling to friends to selling to the public, put the label and packaging checks in place before you take the first order. A clear label also helps your customer know what they are buying.
Check your label before you sell
Use the statute as your source, not a screenshot from a group chat. The label rule covers foods described in Section 437.001(2-b)(A), and the packaging rule covers food sold by a cottage food operation, with exceptions for certain items. If you are updating labels for a new season, compare your wording to the current text and keep a copy with your records. For a side by side look at label wording in another state, read our Tennessee cottage food labels guide.
Keep a simple label file on your phone. Save the current statute link, the DSHS page, and a photo of a printed label that you know is correct. When a customer asks why the label says the product was made in a private residence, you can point to the rule instead of guessing. That small habit makes a busy market week calmer.
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Common questions
Do I have to put the whole disclaimer on every label?
The statute requires a disclosure reading, in part, 'THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT...' The excerpt we can cite continues beyond that phrase. Use the full current wording from the statute or Texas DSHS on the label.
What else must the label include?
Under Section 437.0193, the label must include the name and address of the cottage food production operation.
Does the Texas cottage food exemption mean I can skip labels?
No. DSHS says a cottage food production operation is exempt from food service establishment requirements and does not have to comply with the Texas Food Establishment Rules. Section 437.0193 separately requires labels for covered foods.
Which foods need the label?
The executive commissioner shall adopt rules requiring a cottage food production operation to label all foods described in Section 437.001(2-b)(A) that the operation sells. Check the current statute for that list.
Do I need special packaging?
Food described by Section 437.001(2-b)(A) sold by a cottage food production operation must be packaged in a manner that prevents product contamination, except that certain food items are not required to be packaged that way.
Sources
General information, not legal advice. Rules can change. Check the current statute and Texas DSHS before you print labels.