Cottage food rules
Texas Cottage Food Laws: What Home Bakers Need to Know
A plain look at what Texas cottage food law asks of you, and what it does not.
On this page
What to remember
- Most homemade foods, baked goods included, need no permit or license in Texas.
- Sellers register with the Texas Department of State Health Services.
- Your city or county cannot charge a fee or require a permit for cottage food.
- Perishable or refrigerated foods cannot be sold through a retail store.
If you are standing in your kitchen with a tray of cookies and a phone full of orders, the short version is this: you can start. The longer version is worth ten minutes of your time, because the answers shift depending on what you bake and who sells it. If you want the licensing side laid out step by step, read how to get a home bakery license in Texas.
What you can sell, and where you can sell it
Baked goods and candy are the common starting point for Texas home food sellers. A permit or registration is reserved for certain foods or certain sales channels, so what you make and how you hand it over both matter. Selling to a neighbor at the school pickup is a different situation from having your cakes sit on a shelf in a shop.
That direct to customer rule is the one home bakers trip over most, because a cheesecake feels like the same product as a pound cake. In the eyes of the rules it is not. For the wider list of what does not qualify, see which food cannot be sold under the cottage food law.
Who has to register in Texas
State law prohibits a local health department or government from requiring fees or permits for cottage food producers for the production, sale, or sampling of their food. That protects you from a patchwork of city rules. The registration that does come up is with the Texas Department of State Health Services, and it becomes mandatory when a third party sells on your behalf.
A retail store acting as a cottage food vendor must register with the Texas Department of State Health Services, and that registration is mandatory for any third party selling cottage goods on a producer’s behalf. Selling only to the people who eat your bakes is a different path from letting a shop or another seller move your product for you.
Labels, training and the page to bookmark
The Texas Department of State Health Services publishes cottage food production information covering licensing, training materials, and food labeling. Keep that page on your phone, because it is the state’s own word rather than someone’s summary. When a customer asks whether you are allowed to sell, you want to be able to point at something official.
Check your bake against the list
Confirm that what you make is allowed to be sold from home, and whether it counts as perishable or refrigerated.
Decide how you will sell
Direct to customers, or through a shop or third party. That answer decides whether registration comes into it.
Register when a third party is involved
A retail store acting as a cottage food vendor must register with the Texas Department of State Health Services, and that applies to any third party selling on your behalf.
Sort your labels and training
The Texas Department of State Health Services publishes cottage food production information covering licensing, training materials, and food labeling.
Keep your baking days straight
Bake ahead or bake to order is a business decision as much as a rules one. Cottage food law: do you bake ahead or later walks through it.
None of this is meant to scare you off. The main thing to get right is the difference between selling directly and selling through someone else, and the labels on what you hand over. If a permit turns out to apply to your situation after all, how to get a permit to sell baked goods from home covers the practical side.
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Common questions
Do I need a license to sell cookies from my kitchen in Texas?
Most homemade foods, baked goods included, can be sold without a permit or license, but sellers register with the Texas Department of State Health Services. The rules sit largely in Chapter 437 of the Texas Health and Safety Code.
Can my city or county health department charge me a fee or make me get a permit?
No. State law prohibits a local health department or government from requiring fees or permits for cottage food producers for the production, sale, or sampling of their food.
Can I sell cheesecake through a retail store?
No. Cottage vendors cannot sell perishable or refrigerated (TCS) foods through a retail store. Cheesecakes, veggie lasagna, and custard pies can only be sold directly to customers.
What if a shop or another seller wants to carry my bakes?
A retail store acting as a cottage food vendor must register with the Texas Department of State Health Services, and that registration is mandatory for any third party selling cottage goods on a producer's behalf.
Where do I find labeling and training information?
The Texas Department of State Health Services publishes cottage food production information covering licensing, training materials, and food labeling.
Sources
This is general information for home bakers, not legal advice. Rules can change, so confirm the details with the Texas Department of State Health Services before you sell.