- Overview of Texas Cottage Food Law
Texas Cottage Food Law – Itemized List of Allowed Products – Currently Allowed (Prior to Sept 1, 2025)
- What You Can & Can’t Sell
These items are allowed for direct-to-consumer sales only (e.g., at your home, farmers markets, or by delivery—not wholesale, unless noted in new rules). They fall under either non-potentially hazardous (non-TCS) or approved TCS (time/temperature control for safety) categories.
Baked Goods (Shelf-Stable or Refrigerated)
- Cookies, cakes, brownies, muffins, quick breads, scones
- Yeast breads (e.g., sandwich loaves, cinnamon rolls)
- Cupcakes, bundt cakes, cake pops, cake balls
- NEW (Effective Sept 1, 2025): Cheesecakes, pumpkin pies, cream pies, custards, mousse, refrigerated cakes with dairy fillings
- Refrigerated baked goods must include date labels and safe handling instructions.
Candies & Confections
- Fudge, toffee, brittle, caramels, chocolate bark
- Marshmallow treats, meringues
- Cotton candy and sugar lollipops
Snacks, Nuts & Dry Goods
- Coated nuts (e.g., candied pecans), roasted nuts, trail mix
- Granola, cereal, popcorn (flavored or plain)
- Pretzels, crackers, dry snack mixes
- Dry pasta (e.g., egg noodles)
- NEW: Fresh homemade refrigerated pasta (e.g., fettuccine)
Canned & Preserved Items
- Jams, jellies, fruit butters (apple, peach, fig, etc.)
- Pickled vegetables (must meet acidification/pH standards)
- Vinegar and flavored vinegar
- Mustard, fruit chutneys, relishes
- NEW: Fermented foods (e.g., sauerkraut, kimchi), acidified salsas, ketchup, barbecue sauces
- Fermented/pickled items require recipe approval or pH testing and batch tracking.
Nut & Seed Butters
- NEW (Allowed Sept 1, 2025): Homemade almond butter, peanut butter, cashew butter, sunflower seed butter
- Must follow safety and labeling rules for TCS foods.
Frozen Raw Produce
- NEW: Frozen uncut fruits or vegetables (e.g., blueberries, diced bell peppers)
(Must be kept frozen until sold or delivered).
Dried Goods & Herbs
- Dried fruit (e.g., apple slices, banana chips)
- Dried herbs and spice blends (e.g., taco seasoning, BBQ rubs)
- Soup mixes and cookie-in-a-jar kits
- Freeze-dried fruits/vegetables
What You CANNOT Sell (Still Prohibited):
These items are not allowed under Texas Cottage Food Law, even after the Sept. 1, 2025 updates:
Meat, Poultry, or Seafood Products
- Jerky (beef, turkey, venison, etc.)
- Sausages, tamales with meat
- Chicken salad, tuna salad, or any cooked proteins
- Smoked meats or preserved seafood (e.g., dried shrimp, lox)
Dairy or Egg-Based Perishables
- Ice cream, frozen custard, yogurt
- Raw milk or cheeses made from raw milk
- Dairy-based drinks (smoothies, shakes)
- Eggnog, mayonnaise, or aioli
Hot or Prepared Meals
- Soups, stews, chili, casseroles
- Cooked pasta dishes (e.g., lasagna, mac and cheese)
- Hot breakfast items or entrees
- Pizzas, sandwiches, or anything meant to be reheated or eaten hot
Low-Acid Canned Foods
- Pressure-canned green beans, corn, potatoes, carrots, or soups
- Any canned item not tested or proven to meet acidity guidelines
Cannabis/Infused Products
- Edibles or baked goods containing CBD, THC, or hemp derivatives are strictly prohibited
- Labeling Requirements (with sample downloads)
- Food Safety Guidelines
- Food Safety Guidelines
While cottage food businesses in Texas aren’t subject to regular health inspections, you are still legally responsible for following safe food handling practices. These guidelines will help protect your customers—and your business.
Food Handler Certification (Required)
- All cottage bakers must complete a Texas-approved Food Handler course.
- Certification must be kept current and available upon request.
- Find approved courses on the DSHS website.
Keep Your Kitchen Clean
- Clean and sanitize all prep surfaces before and after use
- Wash hands frequently with soap and water
- Keep pets, children, and non-food items away from prep areas
- Sanitize tools, containers, and packaging equipment before use
Use Your Home Kitchen Only
- All food must be prepared in your primary residence
- No rented kitchens, outdoor kitchens, RVs, or garages allowed
- Do not prepare foods while sick or during illness in the household
Safe Water Supply
- If you use well water, test it annually to ensure it’s safe for food production
- City water systems are generally considered safe and compliant
Refrigerated & TCS Foods (Starting Sept 1, 2025)
If you plan to make cheesecakes, cream pies, or other refrigerated items, you must:
- Register with Texas DSHS
- Maintain safe storage at 41°F or lower
- Include a “Safe Handling Instructions” label in 12-point font
- Add the date of production on each package
- Ensure food is kept cold during delivery or pick-up
Acidified & Fermented Foods
For items like pickles, kimchi, or salsa:
- Use only approved/tested recipes
- Keep a pH log and batch records for at least 12 months
- Label jars clearly and securely
Labeling & Allergen Disclosure
Each product must include:
- Product name
- Producer name and address (or city/ZIP if registered)
- Required cottage food statement:
“This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.” - Ingredient list (by weight)
- Major allergens clearly listed (e.g., milk, eggs, wheat, peanuts)
Best Practices
- Avoid cross-contamination (e.g., use separate utensils for allergens)
- Wear gloves or use utensils when handling finished products
- Store ingredients and finished goods in clean, food-safe containers
- Keep pets and pests away from storage and prep areas
- Package food securely to prevent contamination during transport
Safe food is trusted food.
Follow these guidelines to protect your customers, your reputation, and your cottage baking business.