Is Cottage Food Legal in Texas? (2026)
Yes. In Texas, cottage food is legal. Texas allows cottage food operations to produce and sell certain low-risk foods from a home kitchen without a commercial food establishment license, subject to specific regulations.. A permit or license is required.
Key facts
- Status
- Legal
- Permit required
- Yes
- Jurisdiction
- Texas
- Last reviewed
- 2026-02-26
Cottage Food laws in Texas
The Texas Cottage Food Production Operations (CFPO) law allows individuals to prepare and sell certain non-potentially hazardous foods from their home kitchen. These operations are exempt from the requirements of a food establishment license under Chapter 437 of the Texas Health and Safety Code. The law outlines specific types of foods that can be produced, including baked goods, certain candies, jams, jellies, and dehydrated fruits and vegetables. There are limitations on sales channels, generally restricting sales to direct-to-consumer events like farmers' markets, farm stands, and online orders with direct delivery or pickup. Key requirements include annual sales limits (currently $50,000 as of 2023), proper labeling that includes the name and address of the cottage food operation, and a statement that the food is not inspected by the Department of State Health Services. Operators must complete an accredited food handler training course. Failure to comply with these regulations can lead to enforcement actions by local health departments or the Department of State Health Services, including orders to cease operations or civil penalties for violations of food safety rules.
Frequently asked questions
Is cottage food legal in Texas for travelers?
For travelers visiting Texas, cottage food is currently legal. The Texas Cottage Food Production Operations (CFPO) law allows individuals to prepare and sell certain non-potentially hazardous foods from their home kitchen. These operations are exempt from the requirements of a food establishment license under Chapter 437 of the Texas Health and Safety Code. The law outlines specific types of foods that can be produced, including baked goods, certain candies, jams, jellies, and dehydrated fruits and vegetables. There are limitations on sales channels, generally restricting sales to direct-to-consumer events like farmers' markets, farm stands, and online orders with direct delivery or pickup. Key requirements include annual sales limits (currently $50,000 as of 2023), proper labeling that includes the name and address of the cottage food operation, and a statement that the food is not inspected by the Department of State Health Services. Operators must complete an accredited food handler training course. Failure to comply with these regulations can lead to enforcement actions by local health departments or the Department of State Health Services, including orders to cease operations or civil penalties for violations of food safety rules.
Do I need a permit for cottage food in Texas?
Yes, Texas requires a permit or license for cottage food. Contact the relevant state agency for application details.
Can I transport cottage food through Texas?
Transport laws for cottage food in Texas depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for cottage food violations in Texas?
Penalties for cottage food violations in Texas vary based on the specific offense. Always verify current laws before traveling.