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From restaurants and food trucks to home-based bakers, every food business in Texas operates under a layer of state and local health and safety rules. This guide covers permits, food handler certification, mobile food requirements, and the cottage food law that lets many home producers skip permitting altogether.
Quick Answer
- Food service businesses generally need permits from local health departments, with oversight from the Texas Department of State Health Services (DSHS).
- Food employees must complete an accredited food handler training course, per Texas Food Establishment Rules.
- Beginning July 1, 2026, mobile food vendors need a statewide DSHS Mobile Food Vendor (MFV) license, with the license type depending on the vendor's food preparation activities; many operations must also work with an approved commissary or qualify for an exemption.
- Texas's cottage food law allows qualifying home producers to sell certain foods without a traditional food-establishment permit or inspection, though some operations, including those selling TCS foods, must register with DSHS.
- As of a 2025 legislative expansion, the cottage food annual sales cap is $150,000 in gross revenue, up from the previous $50,000 cap.
Key Takeaways
- Food safety regulation in Texas operates at both the state (DSHS) and local health department level.
- Food employees must complete accredited food handler training within 30 days of starting employment.
- Certified Food Manager certification is separate from basic food handler training and required for certain establishments.
- Mobile food vendors face distinct rules from brick-and-mortar restaurants, including a statewide DSHS Mobile Food Vendor (MFV) license required as of July 1, 2026, and commissary requirements (unless an exemption applies).
- Texas's cottage food law is one of the more permissive in the country, though some cottage food operations — including those selling TCS foods — must register with DSHS.
- SB 541 (effective September 1, 2025) tripled the cottage food sales cap from $50,000 to $150,000 and expanded allowed products.
- The cottage food sales cap is now indexed to inflation starting in 2026.
- Certain high-risk foods — meat, poultry, seafood, ice and ice products, raw milk and raw milk products, low-acid canned goods, and CBD/THC products — never qualify under the cottage food law.
- Cottage food products must carry specific, statutorily required label language.
1. State and Local Regulatory Layers
Food service regulation in Texas operates on two levels: the Texas Department of State Health Services (DSHS) sets statewide standards, while local health departments handle permitting and inspections for most retail food establishments in their jurisdiction.
2. Health Department Permits
Most food service businesses need a permit from their local health department before opening. Requirements and specific application processes vary by city and county, so businesses should confirm the process with the health department covering their specific location.
3. Health Inspections
Permitted food establishments are subject to regular health inspections assessing food handling practices, storage conditions, and overall facility sanitation. Inspection frequency and specific criteria vary by jurisdiction and the type of establishment.
4. Food Safety Management Requirements
Beyond permitting, food establishments must maintain ongoing food safety practices, including proper temperature control for potentially hazardous foods and procedures to prevent cross-contamination between raw and ready-to-eat products.
5. Food Handler Certification
Texas Food Establishment Rules require food employees to complete an accredited food handler training course within 30 days of starting employment. Certification must come from a program accredited by DSHS or the American National Standards Institute (ANSI), and certificates issued under Texas Health and Safety Code Section 438.046 are recognized statewide.
A food service worker trained in a food handler training course that is accredited by the American National Standards Institute, or that is accredited by the department and listed with the registry, is considered to have met a local health jurisdiction's training, testing, and permitting requirements.Tex. Health & Safety Code § 438.046(b-1)
6. Certified Food Manager Requirements
Separate from basic food handler certification, a Certified Food Manager (CFM) credential requires passing a DSHS- or ANSI-approved food manager examination. CFM certification is valid for five years. Some local jurisdictions may impose additional requirements, including requiring a certified food manager to be on duty during operating hours.
7. Mobile Food Vendor (MFV) Licensing
Mobile food vendors — trucks, trailers, and carts — are subject to permitting requirements distinct from a standard restaurant permit. Beginning July 1, 2026, mobile food vendors in Texas must obtain a statewide DSHS Mobile Food Vendor (MFV) license. The license type depends on the vendor's food preparation activities, and requirements can also differ depending on the specific type of mobile unit and how it operates.
8. Commissary Kitchen Requirements
Many mobile food operations must operate from an approved commissary or qualify for a commissary exemption, depending on the unit's equipment and operations — a permitted facility used for food preparation, cleaning equipment, and safely storing food and supplies that the mobile unit can't handle on its own.
9. Farmers Markets and Special Events
Vendors operating at farmers markets or special events often need additional, event-specific permits on top of their standard mobile food or cottage food authorization, depending on what they're selling and the nature of the event.
10. Texas Cottage Food Law: An Overview
The Texas cottage food law, codified in Chapter 437 of the Health and Safety Code, allows qualifying home-based producers to sell certain foods without a traditional food-establishment permit or inspection. Some cottage food operations, including those selling time/temperature-control-for-safety (TCS) foods, must register with DSHS. Texas is considered one of the more permissive cottage food states in the country.
11. Which Foods Qualify Under Cottage Food Law
Texas uses an exclusion-based approach: most shelf-stable foods are allowed unless specifically excluded. Commonly permitted cottage foods include baked goods, jams and jellies, candy, dried herbs, and similar non-potentially-hazardous items.
12. Sales Limits and Labeling Requirements
As of the SB 541 expansion, cottage food producers may earn up to $150,000 in gross annual revenue — a significant increase from the previous $50,000 cap — with the limit now indexed to inflation starting in 2026. Cottage food sales and delivery are subject to specific statutory requirements, so producers should review the current DSHS rules before offering delivery or shipping. Every product must carry required label information, including the producer's name and address (or a DSHS-issued identifier) and a statutorily required disclosure statement.
| Requirement | Current Rule |
|---|---|
| Annual sales cap | $150,000 gross revenue (up from $50,000), indexed to inflation starting 2026 |
| Permit or inspection | Not required for compliant products |
| Food handler training | Still required for the cottage food operator |
| Labeling | Must include producer identification and required disclosure statement |
| Sales channels | Subject to specific statutory requirements; review current DSHS rules before offering delivery or shipping |
13. Foods That Don't Qualify
Certain categories of food are excluded from the cottage food law regardless of the sales cap, including meat and poultry products, seafood, ice and ice products (such as ice cream, frozen custard, popsicles, and gelato), raw milk and raw milk products, low-acid canned goods, and CBD/THC products. Businesses producing these items need a fully permitted commercial kitchen and standard food establishment permits.
Risk
Producing or selling an excluded food item under the assumption that cottage food rules apply can expose a business to enforcement action for operating an unpermitted commercial food establishment.
14. Common Mistakes
Mistake
Relying on outdated cottage food sales cap figures
Many older resources still cite the previous $50,000 cap. The current cap, following SB 541, is $150,000 and indexed to inflation starting in 2026.
Mistake
Skipping food handler certification for cottage food operators
Cottage food producers still need food handler training even though their product itself doesn't require a permit or inspection.
Mistake
Missing required cottage food label language
Omitting the statutorily required disclosure statement or producer identification is one of the most common cottage food compliance gaps.
Mistake
Not confirming commissary or exemption status before applying for an MFV license
Mobile food vendors who haven't confirmed whether they need an approved commissary relationship or qualify for a commissary exemption often face delays in the licensing process.
Mistake
Assuming all baked goods qualify as cottage food
Items requiring refrigeration, such as cheesecakes or custard-filled pastries, fall into a separate registration category rather than the standard shelf-stable cottage food rules.
Mistake
Letting food handler or manager certification lapse
Certifications expire — food handler certificates typically every two years and Certified Food Manager credentials every five — and operating on an expired certificate can trigger violations.
15. Compliance Checklist
- Correct permit type identified (standard, mobile, or cottage food) for the business model
- Local health department permit obtained, where applicable
- All food employees hold current, accredited food handler certification
- Certified Food Manager on staff, if required by local jurisdiction
- Approved commissary relationship documented, or commissary exemption confirmed, for mobile food operations
- Cottage food products confirmed eligible under current exclusion list
- Cottage food sales tracked against the current $150,000 annual cap
- Cottage food labels include all statutorily required information
- Certification renewal dates calendared for all food safety credentials
Primary Government Sources
Texas Department of State Health Services — Retail Food Establishments
16. Frequently Asked Questions
Do I need a permit to sell homemade baked goods in Texas?
Generally, no traditional food-establishment permit is required if the products qualify under the Texas cottage food law and you stay within the current sales cap — though some cottage food operations, including those selling TCS foods, must register with DSHS. A food handler certification is still needed.
What is the current cottage food sales cap in Texas?
As of a 2025 legislative expansion (SB 541), the cap is $150,000 in gross annual revenue, up from the previous $50,000 cap, and is now indexed to inflation starting in 2026.
Do food truck operators need a different permit than restaurants?
Yes. Beginning July 1, 2026, mobile food vendors need a statewide DSHS Mobile Food Vendor (MFV) license distinct from a standard restaurant permit, with the license type depending on the vendor's food preparation activities. Many operations also need a relationship with an approved commissary, unless they qualify for a commissary exemption.
What foods are excluded from the Texas cottage food law?
Meat and poultry products, seafood, ice and ice products (such as ice cream, frozen custard, popsicles, and gelato), raw milk and raw milk products, low-acid canned goods, and CBD/THC products are excluded regardless of sales volume, and require standard commercial food establishment permitting.
How quickly must food employees complete food handler training in Texas?
Food employees must complete an accredited food handler training course within 30 days of starting employment. Confirm any local variation with your local health authority.
Is a Certified Food Manager the same as a food handler certificate?
No. Certified Food Manager (CFM) certification is a separate, more advanced credential valid for five years, required for certain establishments, while basic food handler certification is required more broadly for food employees.
Can I ship cottage food products to customers?
Cottage food sales and delivery are subject to specific statutory requirements. Review the current DSHS rules before offering delivery or shipping.
Do refrigerated baked goods qualify under the cottage food law?
Items requiring refrigeration for safety (time/temperature-control-for-safety foods) fall under a separate registration pathway rather than the standard shelf-stable cottage food category.
What must appear on a cottage food product label in Texas?
Labels must generally include the producer's name and address (or a DSHS-issued identifier) and a specific statutorily required disclosure statement, among other required information.
Does a local health department inspect cottage food operations?
No. Local health departments are generally prohibited from requiring permits, fees, or inspections for compliant cottage food operations under current Texas law.