Yes, selling homemade food in Texas is legal under specific conditions. The Texas Cottage Food Law permits direct-to-consumer sales of non-perishable foods without a permit, while perishable items require a Texas Department of State Health Services (DSHS) license. Local health departments may impose additional restrictions, and 2026 compliance updates may expand allowable products.
Key Regulations for Selling Homemade Food in Texas
- Cottage Food Exemption: Non-potentially hazardous foods (e.g., baked goods, jams, granola) may be sold without a permit if labeled with ingredients, allergens, and the producer’s name/address. Sales are restricted to in-person or online orders with direct delivery.
- Perishable Foods Requirement: Foods requiring refrigeration (e.g., cheesecakes, tamales) must comply with DSHS’s Retail Food Establishment rules, including inspections and permits. The 2026 DSHS rule revisions may tighten temperature control standards.
- Local Jurisdiction: Counties and cities (e.g., Dallas, Houston) may impose stricter rules, such as banning certain cottage foods or requiring additional permits. Check with the local health department before operating.
Violations may result in fines or cease-and-desist orders. Producers should monitor DSHS’s 2026 regulatory updates to ensure continued compliance.