What Counts as Shelf-Stable?
A shelf-stable food is one that does not require refrigeration to stay safe. Understanding this distinction is the foundation of Texas cottage food regulations — it determines what you can sell, where you can sell it, and whether you need DSHS registration.
Not Time/Temperature Control for Safety (Non-TCS)
A food is shelf-stable when its chemistry prevents dangerous bacterial growth at room temperature. Two factors drive this: water activity (aW) — a measure of how much "free" moisture is available for bacteria to use — and pH — how acidic the food is. Foods with low water activity (below 0.85) or low pH (below 4.6) do not support the growth of the pathogens that cause foodborne illness, making refrigeration unnecessary for safety.
Time/Temperature Control for Safety (TCS)
A food is TCS when it requires refrigeration to remain safe. This includes anything with high moisture and neutral pH — cooked meats, dairy-based fillings, custards, cut produce, and most prepared meals. TCS foods must be kept at 41°F or below (or 135°F or above for hot-held foods). If your product needs to stay in the fridge, it is TCS. See the Prepared Meals & TCS Foods guide for the full TCS rules.
Common Shelf-Stable Products in Texas
The following product types are consistently classified as shelf-stable under Texas cottage food regulations. This is not an exhaustive list — if your product doesn't require refrigeration and isn't on the prohibited list, it is almost certainly non-TCS.
- Baked goods with no dairy or egg-based fillings (cookies, cakes, breads, muffins, brownies, biscotti)
- Jams, jellies, fruit preserves, marmalades, and fruit butters (high-acid, high-sugar)
- Honey and infused honey products
- Spice blends, herb mixes, dry rubs, and seasoning salts
- Shelf-stable hot sauces and vinegar-based condiments (low pH)
- Pickled and fermented vegetables — kimchi, sauerkraut, pickles (properly acidified)
- Nut butters, granola, trail mix, popcorn, dried fruit and nut mixes
- Dry baking mixes, pasta, pancake mix, soup mixes
- Roasted coffee, loose-leaf tea blends, dried herb teas
- Candy and confections without perishable fillings (fudge, caramels, toffee, brittles)
- Vinegar, infused oils (shelf-stable formulations)
When in doubt, ask DSHS. The Texas Department of State Health Services provides guidance on food classification. Contact their Consumer Protection Division at (512) 834-6753 or visit the official cottage food page for classification help.
The $150,000 Annual Sales Cap
How the Cap Works
The $150,000 limit applies to total gross sales — the combined revenue from every cottage food product you sell, before expenses. It is per household, not per product. If two people in the same household are selling cottage food, their combined sales count against a single $150,000 cap.
The cap covers all cottage food sales channels — direct-to-consumer sales at markets, your home, events, and online sales with personal delivery all count toward the same limit.
If you exceed $150,000 in annual gross cottage food sales, you are no longer operating under the cottage food framework. At that point, you would need to obtain appropriate food establishment permits, pass health inspections, and comply with the full Texas Food Establishment Rules (TFER) — which include commercial kitchen standards and ongoing licensing.
The cap is entirely separate from federal income tax obligations. All cottage food income — whether $5,000 or $150,000 — must be reported on your federal tax return.
Good problem to have. Reaching $150,000 in cottage food sales means your business is thriving. At that stage, transitioning to a commercial kitchen and licensed food business is a natural next step — not a penalty. Many successful Texas food businesses started exactly this way.
Where You Can Sell Shelf-Stable Products
Texas offers some of the most flexible sales channels of any state. Shelf-stable (non-TCS) products have the broadest reach — including wholesale options introduced by SB 541 in 2025.
Sell directly to customers who come to your home. No permit, no inspection required. You can post signage and accept payment on-site.
Sell at any Texas farmers market, farm stand, food festival, fair, or roadside stand. Individual markets may have their own vendor requirements — check with the market manager.
You can take orders online and through social media, but the food must be personally delivered by you, an employee, or a household member. No shipping via USPS, UPS, or FedEx for online orders.
Food festivals, craft fairs, pop-up markets, community events — all valid sales locations for cottage food. The state cannot require a permit for your participation.
New as of SB 541 (Sept 1, 2025). Shelf-stable products can now be sold wholesale through a registered "cottage food vendor" — a person or business that resells your products at farmers markets, farm stands, food service establishments, or retail stores.
If the sale happened face-to-face (at a market or event), you may use standard shipping or a hired driver to deliver the product. Online or mail-order sales require personal delivery.
Interstate sales are not allowed under any state cottage food regulation. All Texas cottage food sales must take place within Texas. Once food crosses state lines, FDA jurisdiction applies and a state cottage food exemption no longer protects you. SellFood.com automatically restricts your listings to Texas buyers when you're operating as a cottage food seller.
Storage & Handling for Shelf-Stable Products
Shelf-stable foods don't require refrigeration to stay safe, but proper storage practices protect product quality, extend shelf life, and demonstrate professionalism to your customers.
Track Your Annual Sales Limit
Know exactly where you stand against Texas's $150,000 annual cap — with projections, alerts, and a running log of your sales by channel.
Texas Sales Limit Tracker
Log your cottage food sales and track your running total against the $150,000 annual limit, with automatic alerts as you approach the threshold.
Create Free Account to Use This Tool →