Craft Beverages Under Texas Cottage Food Regulations
Prior to SB 541 (effective September 1, 2025), beverages were largely off-limits for Texas cottage food sellers. That changed dramatically — juices, craft beverages, and most non-alcoholic drinks are now allowed under the expanded exclusion model. However, most beverages are classified as TCS foods, which means they come with DSHS registration and labeling requirements that shelf-stable products don't have.
New in 2025: Juices and most craft beverages were added to the allowed product list by SB 541. If you've been wanting to sell cold-pressed juice, craft lemonade, kombucha, or cold brew at your local farmers market, Texas now has a clear legal path to do it — from your home kitchen.
Rules by Beverage Category
Each beverage type has its own classification and conditions. Click through each card below to understand what's required before your first bottle is sold.
Kombucha is allowed under Texas cottage food regulations as long as it doesn't contain any prohibited ingredient (meat, seafood, raw milk, CBD/THC). If it requires refrigeration to stay safe and fresh — which most live-culture kombucha does — it is classified as TCS.
- DSHS registration required before selling refrigerated kombucha
- Production date on every label
- Safe handling instructions in 12-point font minimum
- Maintain cold chain at 41°F or below throughout delivery
- Alcohol content must stay below the legal threshold for non-alcoholic beverages (see note below)
- Direct-to-consumer sales only — no wholesale for TCS kombucha
During fermentation, kombucha can produce trace alcohol. Beverages above 0.5% ABV are regulated as alcohol under federal law. Most properly fermented and refrigerated kombucha stays well below this threshold, but if yours is stronger, you would need a separate alcohol beverage license. See Special Categories for alcohol licensing paths.
Cold brew coffee concentrate and ready-to-drink cold brew are allowed as cottage food in Texas. Because cold brew is a liquid product requiring refrigeration, it is classified as a TCS food.
- DSHS registration required
- Production date on every label
- Safe handling instructions on label (12-point font minimum)
- Refrigerate at 41°F or below — no room-temperature storage
- Personal delivery required for online orders
- Direct-to-consumer only — no wholesale distribution
If you produce a shelf-stable coffee product — such as roasted whole-bean coffee, ground coffee, or dry tea blends — those are non-TCS and have no registration requirement. Only the liquid cold brew concentrate is TCS.
Fresh juices — including cold-pressed, squeezed, and blended juices — were explicitly permitted under SB 541, effective September 1, 2025. This was not allowed before. All fresh juices are classified as TCS and require the full TCS seller setup.
- DSHS registration required before selling any juice
- Production date on every bottle or label
- Safe handling instructions in 12-point font minimum
- Maintain 41°F or below throughout storage and delivery
- Direct-to-consumer only — no wholesale
- Personal delivery for online/social media orders
Texas cottage food regulations do not require pasteurization of juice sold direct-to-consumer. However, unpasteurized juice carries real food safety risks — particularly for children, elderly, and immunocompromised customers. Adding a disclosure like "This product is unpasteurized" on your label is a strong best practice.
Shrubs (fruit-infused drinking vinegars) are typically shelf-stable due to their high acidity — vinegar creates a low-pH environment that inhibits bacterial growth. A properly made shrub does not require refrigeration for safety, classifying it as non-TCS.
- No DSHS registration required for shelf-stable shrubs
- Standard cottage food labeling applies (no production date required)
- Can be sold through wholesale via a registered cottage food vendor
- Food handler certification still required
If your shrub recipe includes fresh fruit pulp, dairy, or other high-moisture, high-pH ingredients that require refrigeration, it may be TCS. When in doubt, apply TCS requirements to be safe.
Freshly made lemonade — including lavender, hibiscus, mint, and other craft varieties — is allowed under Texas cottage food regulations as a beverage product. Because it's a liquid requiring refrigeration, it is TCS.
- DSHS registration required
- Production date on every container
- Safe handling instructions on label
- Refrigerate at 41°F or below throughout handling
- Direct-to-consumer sales only
A dry or shelf-stable lemonade mix (sugar, citric acid, flavoring — no liquid) is non-TCS and has no registration requirement. This can be sold wholesale and doesn't need a production date.
Packaged loose-leaf tea blends, dry chai mixes, herbal tea bags, and similar shelf-stable dry tea products are non-TCS and fully open under Texas cottage food regulations — no DSHS registration, no production date, wholesale-eligible.
- No DSHS registration required
- Standard cottage food labeling (allergens, disclaimer, seller info)
- Can be sold wholesale through registered cottage food vendor
If you're bottling brewed, liquid tea (iced tea, bottled herbal tea), that product requires refrigeration and is TCS — DSHS registration, production date, and safe handling instructions are required.
Switchels (apple cider vinegar-based drinking tonics) and craft tonics with fresh or perishable ingredients are generally TCS. While vinegar provides some acidity, other ingredients in switchels (ginger juice, maple syrup, water) raise water activity enough to require refrigeration.
- DSHS registration typically required for liquid switchels
- Production date on every container
- Safe handling instructions on label
- Maintain refrigerated temperatures throughout
Pre-portioned smoothie packs and frozen fruit blends are allowed under Texas cottage food regulations. Frozen products that must stay frozen to remain safe are TCS — the frozen state is itself the temperature control mechanism.
- DSHS registration required
- Production date on every package
- Safe handling instructions on label
- Must remain frozen at 0°F or below (or at 41°F or below if refrigerated rather than frozen)
- Direct-to-consumer only
Alcohol Is a Separate Category
Home alcohol production requires a separate license — not a cottage food registration
Texas cottage food regulations do not cover beer, wine, spirits, hard cider, or any other alcoholic beverages. Producing and selling alcohol in Texas — even in small quantities — requires a license issued by the Texas Alcoholic Beverage Commission (TABC). This is true regardless of your sales volume or whether you're selling at a farmers market.
The relevant TABC license types for small producers include: Manufacturer's License (beer/ale under 4% ABV), Brewer's Permit (beer above 4% ABV), Winery Permit (wine), and Distiller's & Rectifier's Permit (spirits). Each has its own application, fee, facility, and inspection requirements.
Home brewing and winemaking for personal and household use (not for sale) is legal in Texas without a license. The line is crossed the moment money changes hands. See the Special Categories guide for alcohol licensing details and costs.
Kombucha edge case: Live-culture kombucha can sometimes ferment past 0.5% ABV — the federal threshold above which a beverage is classified as an alcoholic drink. If you're selling kombucha commercially, test your batches and refrigerate promptly to keep alcohol levels in check. Products exceeding 0.5% ABV require a TABC permit.
Bottling & Packaging Requirements
Texas doesn't mandate specific container types for cottage food beverages, but these practices protect product quality, meet food safety expectations, and build customer confidence.
Use food-grade containers
Glass bottles, food-grade plastic (HDPE, PET), or food-safe pouches. Never reuse non-food containers or containers made with materials not rated for food contact.
Tamper-evident seals
Shrink bands, induction-sealed caps, or breakaway closures are strongly recommended for bottled beverages. They build buyer trust and are expected at farmers markets.
Appropriate fill volume
Net volume (in fl oz or mL) must appear on the label. Use a calibrated measuring system to ensure consistent, accurate fills for each bottle.
Cold transport for TCS beverages
Use insulated coolers with ice packs for market-day transport of TCS beverages. Temperatures must stay at 41°F or below from your refrigerator to the customer's hands.
Waterproof labels
Beverage labels frequently get wet from condensation or ice. Use waterproof label stock — paper labels will peel, smear, or become unreadable on cold, wet bottles.
Batch numbers for fermented beverages
Kombucha and other fermented beverages benefit from batch tracking. Keep a production log with each batch date, ingredients, and yield quantity for traceability.
Want compliant beverage labels? SellFood's Label Creator has Texas cottage food disclaimer language pre-loaded and supports beverage label sizes including standard round labels for bottles. Open the Label Creator →
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