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Texas: the home-kitchen movement

Cottage food (restricted) Cottage food law

Texas runs a state-level cottage food law (Health & Safety Code ch. 437) with no MEHKO/microenterprise home-kitchen program. SB 541 (2025), effective September 1, 2025, expanded it into near-food-freedom: almost any home-produced food except six prohibited categories can be sold directly to Texas consumers, and local health departments are barred from requiring permits or fees.

Where it stands

SB 541 (89R, 2025; authored by Kolkhorst, House sponsor Hull) — signed by the governor May 30, 2025, effective September 1, 2025 — was the biggest change: sales cap raised $50,000 → $150,000 with annual CPI-U inflation adjustment; allowed foods flipped from a non-TCS-only list to 'any food except' the six prohibited categories (TCS foods now legal with registration + handling rules); nonprofit organizations added to the definition; new 'cottage food vendor' wholesale tier created (non-TCS, non-baked-goods foods may be wholesaled to registered vendors for retail resale); DSHS registration registry launched; local preemption strengthened — local governments may not regulate production or require any license, permit, or fee, and may not employ a person who knowingly requires one; and mail-order sales were removed as an authorized channel. Companion HB 2588 ('Food Freedom Act') was laid on the table after SB 541's House substitute took its language. Texas holds regular sessions in odd years, so there is no 2026 regular session and no pending cottage-food bills were found; the next session is the 90th Legislature in January 2027.

Residents can find and support local kitchens through the Texas hub — browse kitchens, read the law guide, and see what is cooking near you.

Read the full Texas law guide →

Cottage food fight in Texas

5 supporter(s) and 0 opposition entr(ies) on this page carry this track tag — see Supporters / Opposition below.

  • 2025 — Cottage food law
    SB 541 (89R, 2025; authored by Kolkhorst, House sponsor Hull) — signed by the governor May 30, 2025, effective September 1, 2025 — was the biggest change: sales cap raised $50,000 → $150,000 with annual CPI-U inflation adjustment; allowed foods flipped from a non-TCS-only list to 'any food except' the six prohibited categories (TCS foods now legal with registration + handling rules); nonprofit organizations added to Source

How we got here

  • 2025 — Cottage food law Cottage food fight
    SB 541 (89R, 2025; authored by Kolkhorst, House sponsor Hull) — signed by the governor May 30, 2025, effective September 1, 2025 — was the biggest change: sales cap raised $50,000 → $150,000 with annual CPI-U inflation adjustment; allowed foods flipped from a non-TCS-only list to 'any food except' the six prohibited categories (TCS foods now legal with registration + handling rules); nonprofit organizations added to Source
  • — Cottage food law Cottage food fight
    Companion HB 2588 ('Food Freedom Act') was laid on the table after SB 541's House substitute took its language. Source
  • 2026 — Cottage food law
    Texas holds regular sessions in odd years, so there is no 2026 regular session and no pending cottage-food bills were found; the next session is the 90th Legislature in January 2027. Source

Supporters

On the public record supporting home kitchens in Texas.

Lois Kolkhorst Cottage food fight

State Senator; author of SB 541 (2025), the major cottage food expansion

Source: https://capitol.texas.gov/tlodocs/89R/analysis/pdf/SB00541I.pdf

Lacey Hull Cottage food fight

State Representative; integral to passing SB 541 in 2025

Source: https://texascottagefoodlaw.com/evolution/

Farm and Ranch Freedom Alliance Cottage food fight

Made Texas cottage food a legislative priority and supported SB 541 in committee

Source: https://citizenportal.ai/articles/6286975/texas/legislative/sena

Homemade Texas Cottage food fight

Home-producer advocacy group that supported SB 541

Source: https://homemadetexas.org/sb-541-passes-effective-september-1-20

Institute for Justice Cottage food fight

Supported SB 541 in committee testimony

Source: https://citizenportal.ai/articles/6286975/texas/legislative/sena

Opposition

No on-record opposition has been verified for this state yet.

The deciders

Governor

Greg Abbott

Administering agency

Texas DSHS

Official program page

Committee: Senate Health & Human Services Committee — official record

Contact the deciders

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