Recent Changes to Texas Cottage Food Law Consumers Should Be Aware Of

Posted in Food Policy,Food Safety,Our Blog on June 19, 2026

Recent changes in Texas Cottage Food Law were effective as of September 1, 2025. These changes allow for more products that previously required a commercial kitchen and health inspection to be made in homes without any inspection. Even those sold to the public through resellers.

This is a move that helps many people support their families with less overhead costs and share the fruits of their cooking skills with their community. Without any oversight, however, are consumers unknowingly put at risk?

Here’s what we know about the recent changes to Texas Cottage Food Law and how consumers can protect themselves.

What is a Cottage Food?

Cottage foods are essentially food made in a home kitchen that have not had the benefit of inspection from a local, state, or federal health authority. The original Texas Cottage Food Law went into effect on September 1, 2011.

Since then, there have been three revisions. Once in 2013. Again in 2019. The last revision just took effect on September 1, 2025.

With each revision, the types of foods covered under this law and minor changes in labeling requirements have been added and updated.

What Foods Can Be Sold Directly to the Consumer from a Home Kitchen?

So, what foods are allowed for sale under Texas Cottage Food Law?

It might just be easier to mention what is NOT allowed. Because the list has been expanded pretty far.

Meat and Meat Products

This applies to any meat, poultry, or poultry products (excluding eggs). We are talking about carcasses here. Raw meat. The sale of meat is still regulated under the United States Department of Agriculture (USDA) and is not protected under Cottage Law.

Seafood

Like meat, any raw seafood product is prohibited for sale under cottage law. This applies to fish, fish products, shellfish, and shellfish products. These products are not covered under Cottage Law

Ice and Ice Products

Ice and ice products. Things like shaved ice, ice cream, frozen custard, popsicles, and gelato are not protected by Cottage Law. These products must still be made in an inspected kitchen.

Low-Acid Canned Goods

Certain products are considered “low-acid.” These products are associated with the growth of certain bacteria that can produce toxins. For example, Clostridium botulinum. The bacteria responsible for botulism.

Foods in this category include:

• Certain vegetables, like asparagus, carrots, corn, peas, green beans, and spinach
• Meat and poultry, like canned beef, chicken, and other meat products
• Seafood, like canned fish and other seafood products
• Soups, including most canned soups (except those with a tomato base)
• Other canned foods like stews, potatoes, and legumes (beans, lentils, etc.)

These products require high heat and temperature only achieved in a pressure canner. These foods are not protected under Cottage Law.

Products Containing Cannabidiol or Tetrahydrocannabinol

The Texas Cottage Food Law also excludes products containing cannabidiol and tetrahydrocannabinol. These products are regulated under Texas Department of State Health Services.

Raw Milk and Raw Milk Products

Both raw milk and products made with raw milk are also not protected by cottage law. These products are eligible for sale in the state. But additional permits and requirements are necessary for these products.

Everything Else Is Fair Game (With Certain Requirements)

Pretty much everything else is fair game under Texas Cottage Food Law. Even those requiring “time and temperature control for safety” (TCS). This is the biggest change in the new law. Foods like tamales, empanadas, certain pies, and other prepared foods were previously excluded.

These products are now allowed. However, there are certain rules that go along with these products.

Time and Temperature Controlled for Safety (TCS) Foods Are Now Allowed

While a Cottage Food vendor can sell these TCS foods directly to the consumer, they are still unable to sell them to a third party for wholesale.

Additionally, the producer must register their business with the Texas Department of State Health Services and include their registration number on the food label.

Other labeling requirements include the food label, invoice, or receipt having the following statement in at least 12-point font: “SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption.” It must also include the date that the food was produced.

All Cottage Products Labeling Requirements Have Been Updated

In addition to those specifically required for TCS foods, all other Cottage Food products also have updated labeling requirements.

Previously, a Cottage Food vendor was required to include their home address on the label. Now, Cottage Food producers who have registered with the Texas Department of State Health Services can use their “unique identifier number” instead.

New wording for the statement of non-inspection has also been announced. The label must also include: “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”

The Amount and Options for Texas Cottage Food Law Products Has Also Expanded

The previous cap of gross food sales per year for a Cottage Food producer was $50,000. This amount has now tripled to $150,000 and will be indexed for inflation, according to the rules.

Cottage Food may now be sold wholesale, as opposed to the previous limitation of direct to consumer. However, the seller (called vendor) must register and must disclose or display the cottage food status of the food in a prominent place near the location where the food is offered. The vendor must also be registered.

Cottage Foods that are not temperature control for safety (NTCS) may also be donated or offered for sale or service at events. Such as a charitable organization or church bake sale. This was previously not allowed.

Should Consumers Be Worried?

With food consumers previously understood that is made in inspected, commercial kitchens now being legally made in private home kitchens, should consumers be worried?

The reality of it, is that many home kitchens are likely cleaner than those in restaurants.

That being said, Cottage Food kitchens have no major regulation. You have no idea the level of pest control, the presence of pets in the kitchen. Whether hot water is used or appropriate sanitation practices are possible and performed.

It creates a buyer beware market.

Are the tamales sold in the grocery store parking lot tasty. Yes. I know that they were never made in a commercial/inspected kitchen. But I have purchased (and thoroughly enjoyed them) from time to time.

What is important is the consideration you make on a case-by-case basis.

Think about the ingredients being used. If they appear to be handled appropriately. Trust you gut. Both figuratively and literally.

But most importantly, pay attention to signs. Ask questions. Make an informed decision based on your personal situation.

Are you more vulnerable to foodborne illness. Are you pregnant? Immunocompromised? In a higher risk group? Take these things into consideration before consuming Cottage Food.

Are those cookies safe? Probably.

Those tamales? Most likely.

That cheese cake? If it is stored cold. You are probably good.

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By: Heather Van Tassell (contributing writer, non-lawyer)