Food safety is a major public health priority. Foodborne illness is common and costly but can be prevented.
A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation.
However, the Department of State Health Services, or The Northeast Texas Public Health District (NET Health), has authority to act to prevent an immediate and serious threat to human life or health through emergency order, recall orders and delegation of powers or duties. Health departments are required to maintain records of all complaints against a cottage food production operation.
Texas Senate Bill 541 (SB 541), which officially took effect on September 1, 2025, is a massive expansion of the Texas Cottage Food Law. In plain terms, it makes it much easier for regular people and small nonprofits to run a food business straight out of their home kitchens without government regulations, licenses, or inspection fees or inspections.
The bill fundamentally changes how home-based food businesses operate in Texas:
To protect public safety, you still cannot sell certain high-risk foods from your home:
Rules for Home Bakers and Chefs
If you choose to run a home kitchen under this law, you must follow these basic rules:
If you are planning to launch a home food business or have questions about a specific food item you want to sell, follow the links below.
A Cottage Food Production Operation is exempt from food service establishment regulations and does not need to comply with the Texas Food Establishment Rules. Furthermore:
To legally operate a cottage food business, an individual must:
Additionally, cottage food products cannot be sold:
The Texas Department of State Health Services is in the process of amending rules for cottage food operations.
Texas Cottage Food Operations
Your home will not be inspected by the health department operations.
Exemption: immediate concern about public health or concern about the sale of a food not allowed under the Texas Cottage Food law
Texas Cottage Operator is required to obtain a FOOD HANDLER CARD from a state accredited program.
Foods sold by a cottage food production operation must meet specific packaging and labeling standards.
A cottage food production operation is defined as an individual, operating out of the individual’s home, who: makes any of the food listed here at their home. Baked goods that is not a Time and Temperature Control for Safety(TCS Foods), candy, coated/uncoated nuts, unroasted nut butters, fruit butters, canned jams/jellies, fruit pies, dehydrated fruits/vegetables (including dried beans), popcorn, cereal (including granola), dry mix, vinegar, pickled fruit or vegetables, including beets and carrots, that are preserved in vinegar, brine, or a similar solution at an equilibrium pH value of 4.6 or less, mustard, roasted coffee, dry tea, dried herbs, or herb mixes, Frozen raw and uncut fruit or vegetables, Any other food that is not a TCS food.
No. The law specifically prohibits the local Health Department from regulating Cottage Food Operations.
Cheesecake, kombucha, beef jerky, tamales, tres leches cake, flan, if the food requires to be refrigerated for safety, then is not a cottage approved food. (not an all-inclusive list)
No
No
No. The law specifically prohibits the local Health Department from regulating Cottage Food Operations.
Yes. Your food handler’s card is good for two years and must be kept current as long as you are selling cottage foods.
Yes, if your operation poses a serious and immediate threat to human life and health.
Sampling at locations, like county, municipal, or non-profit fairs, or festivals, is allowed as long as your samples are packaged and labeled with the required labeling information.
In Texas, bakery items sold without utensils are typically not subject to sales tax. Some food items, such as candy, are taxable. The best thing to do is contact the Texas Comptroller directly.
Yes.
No. Mail-order sales are prohibited
No. The law requires cottage food products to be produced in an individual’s home, meaning a primary residence with a kitchen and appliances designed for common residential use.
No. You can only sell directly to the consumer, you are not allowed to sell to a wholesaler or restaurant. This will be considered an “unapproved source’’ for the wholesaler and the restaurant.
Yes. Cottage food sales must be direct to the consumer, so you must be present selling the food. You cannot leave the food there for the retailer to sell on your behalf.
