Texas Food Product Status
As of SB 541 (effective September 1, 2025), Texas switched to an exclusion model — you may sell any home-made food directly to consumers except the specific categories listed as Prohibited below. Foods in the Restricted column are allowed but come with specific conditions you must follow.
Texas uses an exclusion model. Everything NOT on the prohibited list above is allowed — either Open or Restricted (TCS). This is a major change from the pre-2025 system that listed only specific permitted foods. If a food you make isn't in the grid above, it is almost certainly allowed under Texas cottage food regulations.
Understanding the Rules
The key distinction in Texas cottage food regulations is between TCS and non-TCS foods. TCS stands for Time/Temperature Control for Safety — it refers to any food that requires refrigeration or careful temperature management to prevent dangerous bacterial growth.
Non-TCS foods (shelf-stable products like cookies, jams, spice blends, honey, and dried goods) can be sold direct-to-consumer anywhere in Texas AND through wholesale channels via a registered cottage food vendor. No special registration is required beyond your food handler certification.
TCS foods (perishable products like cheesecakes, cut produce, juices, and prepared meals) can only be sold direct-to-consumer. Selling TCS foods requires voluntary DSHS registration, a production date on every label, safe handling instructions in at least 12-point font, and maintaining cold chain (41°F or below) throughout storage and delivery.
The Prohibited list is short by design. Texas's 2025 SB 541 update explicitly moved away from restrictive inclusion lists. The prohibited foods — meat, poultry, seafood, ice cream, low-acid canned goods, CBD/THC products, and raw milk — are excluded for federal safety, inspection, or legal reasons that apply regardless of state law.
Pickles, fermented foods & acidified products require a unique batch number on every label, corresponding to records you keep of each batch. Texas A&M AgriLife Extension offers excellent guidance on safe canning and fermentation practices — worth reading before your first batch.
Not Sure About Your Product?
The Compliance Checker lets you describe your specific product and get an instant answer on whether it's Open, Restricted, or Prohibited in Texas — with the exact steps you need to follow.
Texas Compliance Checker
Enter your product details and get a personalized compliance answer for Texas, including any registration, labeling, or handling steps required.
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Dive deeper into the rules for specific food types.