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Have you been dreaming of starting up your own home bakery or selling your famous recipes to the public? It may be your well-loved bread, your grandma's sugared pecans, or the family's special barbecue spice rub.
Most likely, you're overwhelmed with which health codes apply and what type of licenses are needed. Are you fearful that you may be required to have those daunting labels you see on the side of cereal boxes?
Dreams aside — back to your day job you go.
Well, I am happy to report that Texas is doing its part in making your dreams within reach. Since 2011, Texas has overhauled its laws to better allow for these types of startup food businesses. And, in September 2025, the state implemented some of its biggest changes yet. Texas has made it easier than ever to get your at-home food business off the ground without needing to worry about cumbersome FDA regulations or any local licensing.
In Texas, this type of business is called a “cottage food industry.” This term covers almost every type of food you might sell, with a few exceptions — like meats, seafood, ice products (including ice cream), certain canned goods, and raw milk. Additionally, if the food you are selling requires refrigeration, there are a few additional protocols to follow.
To be considered a cottage food industry, your company must stay within a few parameters:
- Gross income must be under $150,000 annually (up from $50,000 prior to September 2025).
- You may only operate in Texas.
- Online sales are allowed, but the company must deliver the product to the buyer in person; these goods cannot be shipped.
- Goods can be shipped if the sale was made in person and it's shipping within Texas.
If a company stays within these boundaries, Texas has only three requirements.
- Food must be packaged in a home kitchen in a way that prevents the product from becoming contaminated.
- Food must be labeled according to the cottage food industry requirements.
- The business owner must complete a simple course in handling food safely before making any sales.
The required information on the label is one major change made last year. Previously, each label was required to include your home address, posing a safety issue. Now, you may register your company, at no cost, with the Texas Department of State Health Services. You'll receive a unique identification number that may be included on the label in lieu of your address.
The label must also include: 1. the common name of the product; 2. a disclosure of any major food allergens; and 3. the following statement: “This food is made in a home kitchen and is not inspected by the Texas Department of State Health Services or a local health department.”
If you meet these requirements, you're ready to move. (Texas law precludes federal and local agencies from imposing any additional requirements on cottage industries.) Rest easy knowing you have done all that's needed.
Thanks to Texas' commitment to cut the red tape required to open an at-home food business, there is no better time to take that leap and start chasing your dream.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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