Start a home kitchen in Texas

The steps, the costs, where to apply, and how to get inspection-ready — in Texas's own program terms.

Cottage food law

Sales cap: $150,000 annual gross income from cottage food sales (up from $50,000 under SB 541), with DSHS required to adjust the cap annually for inflation using the CPI-U. Effective September 1, 2025; no further scheduled changes.

Allowed foods: Allowed: almost any food produced in the home — including time/temperature-control-for-safety (TCS) foods like cream pies, cheesecakes, and refrigerated prepared foods — subject to registration and handling rules. Not allowed: meat, meat products, poultry, or poultry products; seafood, fish, shellfish and their products; ice or ice products (shaved ice, ice cream, frozen custard, popsicles, gelato); low-acid canned goods; products containing CBD or THC; raw milk and raw milk products. TCS foods require DSHS registration, a date-of-production on the label, safe-handling instructions, and temperature-controlled storage/delivery; TCS foods may NOT be wholesaled or donated.

The permit steps

1. No permit or license is required from the state or any local health department to produce or sell cottage foods.
2. Complete an accredited food handler / basic food safety training course (per HSC ch. 438(D)).
3. If selling TCS foods, register on the DSHS Online Licensing Registry (began September 1, 2025).
4. If operating as a cottage food vendor (buying cottage foods at wholesale and reselling to consumers), register on the DSHS Online Licensing Registry.
5. Optionally register to use a DSHS-issued identification number on labels instead of your home address.
6. Label and package foods per DSHS rules before selling.

How it works, start to finish

1. Make sure your product isn't one of the six prohibited categories (meat, seafood, ice products, low-acid canned goods, CBD/THC, raw milk).
2. Complete an accredited food handler training course.
3. If your product is a TCS food (needs refrigeration), register with DSHS on its Online Licensing Registry; otherwise no registration is needed.
4. Package food to prevent contamination and label it: your operation's name, home address or DSHS registration number, product name, major allergens, and the disclosure 'THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.'
5. For TCS foods add the date made and 'SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption' in at least 12-point font.
6. Sell directly to Texas consumers (home, farmers' markets, events, online with personal delivery by you, an employee, or a household member).
7. To reach retail shelves, sell non-TCS foods at wholesale to a registered cottage food vendor — vendors may resell at farmers' markets, farm stands, food service establishments, or retail stores (baked goods and TCS foods excluded).
8. Keep annual gross sales at or below the $150,000 cap.

Where to apply in Texas

Official sources — start with the agency or department that runs Texas's program:

• Texas DSHS — Texas Cottage Food Production (SB 541 guidance, registration, labeling)
• Texas Legislature Online — SB 541 (89R) bill history (signed 5/30/2025, effective 9/1/2025)
• Texas Statutes — Health & Safety Code ch. 437 (current codified text)
• Texas Legislature Online — SB 541 enrolled bill text (PDF)

Inspection prep (general)