Texas Cottage Food Exemptions Guide

Guide to Texas cottage food exemptions and how they interact with food truck operations — covering which items can be made at home and sold from a food truck without a food manufacturer's license.

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What this document covers

Texas has one of the more permissive cottage food laws in the country, allowing individuals to produce and sell certain low-risk food items from their home kitchen without a food manufacturer's license or health department inspection. While cottage food and food truck operations are technically separate regulatory categories, many food truck operators explore cottage food exemptions for specific product lines — especially baked goods, jams, pickles, and dry goods. Understanding the boundaries is important: cottage food items can be sold directly to consumers (including from a food truck, at farmers markets, or online), but total annual sales cannot exceed $50,000, items must be labeled with specific disclosures, and potentially hazardous foods (those requiring refrigeration) are generally excluded. This guide clarifies where cottage food exemptions apply and where full MFE permitting is required.

Key sections included

Cottage food eligible products (non-potentially hazardous)
Annual sales limit ($50,000)
Labeling requirements for cottage food products
What cottage food does NOT cover (potentially hazardous foods)
Interaction with mobile food vendor permits
Direct-to-consumer sales requirements
Home kitchen vs. commissary operations
DSHS registration vs. licensing distinctions

Frequently asked questions

Can I sell cottage food items from my food truck?

Yes, with limitations. You can sell pre-packaged cottage food items (like baked goods or jams) from your food truck as a direct-to-consumer sale. However, you cannot prepare cottage food items on the truck — they must be made in your home kitchen. And your food truck's cooked-to-order items still require a full MFE permit.

What's the sales limit for Texas cottage food?

As of the 2021 amendment, Texas cottage food producers can sell up to $50,000 per year in total cottage food sales. Sales above this threshold require a food manufacturer's license from DSHS.

Do I need any registration for cottage food in Texas?

No. Texas cottage food producers are not required to register with DSHS or obtain any permit. However, you must comply with labeling requirements, sales limits, and eligible product restrictions. Voluntary registration is available if you want to appear in the DSHS cottage food producer directory.

Document details

State: Texas
Legal basis: Texas Health & Safety Code §437.0196 (Texas Cottage Food Law); Texas Administrative Code Title 25, Chapter 229
Enforced by: Texas Department of State Health Services (DSHS)
Penalty for absence: No penalty for not using cottage food exemptions — they are optional. However, misapplying cottage food rules (selling potentially hazardous food as cottage food, exceeding sales limits, or lacking proper labels) can result in cease-and-desist from DSHS, fines under Texas Health & Safety Code, and potential criminal misdemeanor charges for operating without required permits.
Category: Licensing & Permits

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