If you plan to sell homemade food at SATX Market Events, including The Market at Shavano Park™, it is your responsibility to understand and follow the Texas Cottage Food Law.

This guide breaks everything down in simple terms so you can:

• Stay compliant
• Avoid costly mistakes
• Build a legitimate food business

The Texas Cottage Food Law allows individuals to prepare certain foods in a home kitchen and sell them directly to consumers without needing a commercial kitchen.

• No commercial kitchen required
• No routine inspections
• No traditional food permit required

However, this does not mean there are no rules. Vendors are still responsible for operating safely and within the law.

As of September 1, 2025, Texas expanded the law significantly.

If your food is NOT on the prohibited list, it is generally allowed.

The following are still prohibited under cottage food law:

• Meat or poultry products
• Seafood
• Raw milk products
• Low-acid canned foods
• Ice or ice cream products
• Foods containing CBD or THC

If your product includes any of the above, it cannot be sold under cottage food law.

• Maximum allowed: $150,000 per year in gross sales

If you exceed this, you must transition into a regulated commercial food business.

You are allowed to sell:

• At farmers markets
• At pop-up markets
• From your home
• Through online orders (with restrictions)
• By direct delivery

• No shipping by mail
• You must deliver directly or sell in person

Some foods require temperature control for safety. These are called:

If your product must be kept hot or cold to remain safe, it falls into this category.

• Cheesecake
• Cream pies
• Cooked meals (no meat, poultry, or seafood)
• Cut fruit
• Many sauces (cream-based or fresh)

TCS foods:

• Contain moisture, dairy, or cooked ingredients
• Can grow harmful bacteria if not properly handled
• Require stricter compliance than baked goods

You must register with the Texas Department of State Health Services (DSHS).

You must maintain safe temperatures at all times:

• Cold foods: 41°F or below
• Hot foods: 135°F or above

This applies during:

• Storage
• Transport
• Market display

TCS foods must include:

• “Keep Refrigerated” (or hot holding instructions)
• Date made
• Safe handling statement:

“SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen.”

TCS foods cannot be wholesaled.

They must be sold:

• Directly to the end customer
• At markets or through direct delivery

Always require refrigeration. These cannot be displayed at room temperature under any circumstances.

Allowed if they contain no meat, poultry, or seafood.

Examples:

• Pasta dishes
• Rice bowls
• Vegetable-based meals

If you are cooking or serving hot food onsite, additional permits may be required.

Whole fruit is allowed without restriction.
Once cut, it becomes a TCS food and must be refrigerated.

Depends on the type:

• Shelf-stable sauces may be allowed without refrigeration
• Refrigerated sauces must follow full TCS rules

Improperly canned sauces are not allowed.

These are the most common cottage food items and require fewer restrictions.

• Sourdough bread
• Cookies
• Muffins
• Granola
• Dry herbs and teas
• Coffee beans

These do NOT require refrigeration and do NOT require state registration.

Every product must include:

• Business name
• Address OR DSHS ID number
• Product name
• Full ingredient list (in order of weight)
• Allergen disclosure

“THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”

All cottage food vendors must complete a Food Handler Certification.

This is:

• Inexpensive
• Quick to complete
• Required to operate legally

Sampling is allowed as long as you follow basic food safety practices.

• Sell prohibited foods
• Ship products by mail
• Skip labeling requirements
• Sell unsafe or contaminated food
• Sell TCS foods without proper temperature control
• Sell TCS foods without registration

To maintain a safe, high-quality market, all vendors are expected to:

• Understand and follow Texas Cottage Food Law
• Label products correctly
• Maintain proper food safety practices
• Use appropriate equipment when required

• Missing labels
• Not understanding TCS vs non-TCS
• Selling refrigerated foods without proper cooling
• Assuming homemade means unrestricted

If your product needs to be kept hot or cold, it is a TCS food.
TCS foods require registration, temperature control, and stricter compliance. No exceptions.

Texas offers one of the most flexible cottage food laws in the country.

If you follow the rules, you can:

• Start from home
• Sell legally
• Build a real business

If you are unsure whether your product is allowed or how to set up your booth properly, reach out before your market date.

It is always easier to address compliance ahead of time.