SB 541—Cottage Food Production Operations

SB 541 expands the types of allowable foods; sets conditions for the wholesale of cottage foods; changes labeling requirements; and clarifies the regulation of cottage foods.

NEW: Registration required for the following cottage food operations:

• Instead of providing a physical home address on the label, operators may register at the link below and place their registration number on the label.
• Cottage food production operations (CFPO) that sell time and temperature control for safety (TCS) foods must register at the link below.
• Cottage food vendors who purchase products from CFPOs and sell directly to consumers must register at the link below.

• To register, please click on the following link:

  Texas DSHS Cottage Food Registry

  Cottage Food Registration Guidance Document (PDF)

NOTE:  Registration begins on Sept. 1, 2025.  Please be advised that DSHS offices will be closed for the Labor Day Holiday on Sept. 1 but will re-open for business on Sept. 2, 2025.  Please direct your questions beginning on Sept. 2 to foodestablishments@dshs.texas.gov or 512-834-6753.

Local public health entities (including municipalities, counties, and public health districts) and DSHS impact:

• The CFPO definition has been updated to include nonprofit organizations and increases the annual gross income threshold to $150,000.
• A CFPO may operate from the individual’s home or the home of an individual who is a director or officer of the nonprofit organization.
• Allowable foods now include any foods, except for the following:
  • meat, meat products, poultry, or poultry products;
  • seafood, including seafood products, fish, fish products, shellfish, and shellfish products;
  • ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato;
  • low-acid canned goods;
  • products containing cannabidiol or tetrahydrocannabinol; or
  • raw milk and raw milk products.
• CFPOs that sell TCS foods must register with DSHS.
• CFPOs that sell TCS foods must follow specific labeling requirements, including safe handling instructions and temperature requirements.
• CFPOs may provide samples at any location.
• CFPOs may donate cottage foods unless the foods are TCS.  TCS foods are not eligible for donation. Local public health entities may NOT regulate the production of food at a cottage food production operation; NOR require a cottage operation to:
  • obtain any type of license or permit; OR
  • pay any fee to produce or sell directly to a consumer or cottage food vendor; or to provide samples directly to a consumer.
• A local government authority may not employ or continue to employ someone who knowingly requires or attempts to require a CFPO to apply for a permit.

Cottage Food Vendors:

• A “cottage food vendor” is defined as a person located in Texas who has a contractual relationship with a CFPO and sells directly to consumers in Texas on behalf of the CFPO.
• Cottage food vendors that purchase food from CFPOs at wholesale must register with DSHS.
• A CFPO may wholesale cottage foods to a cottage food vendor, unless the foods are TCS.  TCS foods are not eligible for wholesale.
• A cottage food vendor can sell directly to consumers at a farmers' market, a farm stand, a food service establishment, or any retail store.
• A cottage food vendor must display a sign in a prominent place near the location where the food is offered for sale, with the following disclosure:
  • "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."

Food produced by a CFPO and sold by a cottage food vendor must include the date the food was made on the label.

DSHS implementation activities:

• Registration will allow CFPOs to label cottage foods with a unique identification number provided by DSHS instead of their home address.
• DSHS will adopt rules to include implementation of the new requirements.
• DSHS will maintain the registration of requesting CFPOs; CFPOs that sell TCS Foods, and all cottage food vendors.

Public health entities must comply with the new legislation beginning September 1, 2025.

For details about the new state law, please visit the link below:

Health and Safety Code 437

A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation or require any payment of fee to produce, sell, or provide samples directly to a consumer or cottage food vendor.

However, the Department of State Health Services, or local health authority, has authority to act to prevent an immediate and serious threat to human life or health through emergency order, recall orders and delegation of powers or duties. Health departments are required to maintain records of all complaints against a cottage food production operation.

Training 

An individual who operates a cottage food production operation must successfully complete a basic food safety education or training program for food handlers accredited under Health and Safety Code, Chapter 438(D) . 

Food Safety 

Other than meat, meat products, poultry, or poultry, seafood, fish, shellfish, ice, ice products, low-acid canned goods, and products containing cannabidiol or tetrahyrdrocannibinol, a cottage food production operation may sell time and temperature control for safety food (TCS). A TCS is a food that requires time and temperature control for safety (TCS) to limit pathogen growth or toxin production. TCS foods must be stored and delivered at the air temperature to achieve an internal temperature (41ºF or below for cold items and 135ºF or above for hot items) necessary to prevent the growth of bacteria that may cause illness or harm. 

Distribution 

Food produced by a cottage food production operation may be sold online under the following circumstances:

• The consumer purchased the food online from the operator.
• The operator, an employee, or a household member personally delivers the food to the consumer.
• Before the operator accepts payment for the food, the operator provides all labeling information required by the Cottage Food Production Operations rules to the consumer by posting a legible statement on the cottage food production operation's internet website.
• After the operator accepts payment, the operator must provide their address or unique identification number on the label of the food.
• Other than TCS Foods, a cottage food operator may sell to a registered Cottage Food Vendor at wholesale.  

Foods sold by a cottage food production operation must be packaged and labeled. The food must be packaged in a manner that prevents product contamination, except for foods that are too large and or bulky for conventional packaging. The labeling information for foods that are not packaged must be provided to the consumer on an invoice or receipt. The label must include:

• Legible writing.
• The name of the cottage food production operation
• The address or unique identification number in place of address of the cottage food production operation.
• The common or usual name of the product.
• If a food is made with a major food allergen, such as eggs, tree nuts, soy, peanuts, milk, wheat, and sesame that ingredient must be listed on the label.
• The following disclosure: “"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
• A unique number for each batch of pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods.  
• A cottage food production operation that sells a time and temperature control for safety food must include:
  • (1)  on the food label the date the food was made; and
  • (2)  on the food label or on an invoice or receipt provided with the food when sold 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."
• Food produced by a cottage food production operation and sold by a cottage food vendor must include on the label the date the food was made.

Recipe Sources to produce acidified (pickled) and fermented foods:

• USDA Complete Guide to Home Canning, 2015 revision is available online for free at the National Center for Home Food Preservation. 
• University of Georgia Cooperative Extension So Easy to Preserve book, 6th edition

Ball Corporation has published many guides over the years. DSHS recommends using more recent editions as scientific studies may have required recipe changes for food safety.  
 
The following Ball books are approved for use:

• Ball Blue Book Guide to Preserving, 37th Edition, by Ball Corporation
• The All New Ball Book of Canning And Preserving: Over 350 of the Best Canned, Jammed, Pickled, and Preserved Recipes, May 31, 2016, by Ball Home Canning Test Kitchen
• Ball Canning Back to Basics: A Foolproof Guide to Canning Jams, Jellies, Pickles, and More, July 4, 2017, by Ball Home Canning Test Kitchen

A&B Labs, Inc. 

10100 East Freeway, Suite 100, Houston, TX 77029 

Phone: 713-453-6060

Website

Analytical Food Labs, Inc. 

865 Greenview Drive, Grand Prairie, TX 75050 

Phone: 972-336-0336

Website

Food and Ag Lab LLC. 

300 Brushy Creek Road, Suite 205 Cedar Park, TX 78613 

Phone: 512-730-0160

Website 

Food Safety Net Services, Ltd. 

199 W. Rhapsody Drive, San Antonio, TX 78216 

Phone: 210-308-0675

Website

I.E.H. – Quanta Labs 

9330 Corporate Drive, Ste. 703, Selma, TX 78154 

Phone: 210-651-5799

Website

Silliker Inc. Texas Laboratory (Mérieux NutriSciences) 

2100 N Hwy. 360, Suite 2006, Grand Prairie, TX 75050 

Phone: Francis Curiel: 312-216-7597

Website 

Approved and qualified process authorities: 

AFDO Food Processing Authority Directory (Weblink)

To submit a new recipe source, to produce pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods, please use the existing Request for Official Determination Form.

Please email the Request for Official Determination Form to:

Email:  foodestablishments@dshs.texas.gov

Cottage Food Production Operation Training Materials: 

• Texas A&M AgriLife Extension Food Safety Education  
• Cooking Up A Cottage Food Business 

An individual who operates a cottage food production operation must have successfully completed an accredited basic food safety education or training program for food handlers. 

However, if an individual already has a Food Manager Certification from an accredited program, Texas DSHS will recognize this in place of a Food Handler Certification where applicable.  

Publications: 

• 25 TAC §229.661 - Cottage Food Production Operations 
• Cottage Food Production Operations Safe Temperatures - English and Spanish(PDF) 
• Handwash Poster - English (PDF) 
• Handwash Poster - Spanish (PDF) 
• Preventing Contamination From Hands (PDF)