What’s New Under SB 541: “Texas Food Freedom Act” Broader Food Categories Allowed
September 2, 2025 – Texas is shifting from a limited permission-based model to an exclusion-based model. Starting September 1, cottage food operators may sell almost any food produced at home, except:
- Meat or poultry products (though eggs are allowed)
- Seafood
- Ice or frozen desserts (like ice cream or popsicles)
- Low-acid canned goods
- CBD or THC-containing items
- Raw milk and related products
This opens the door to items previously excluded—like cheesecakes, cream pies, banana pudding, vegetarian casseroles, cut fruits/vegetables, and other refrigerated or hot prepared foods.
Higher Sales Limit & Inflation Adjustment
The revenue cap for cottage food sales leaps from $50,000 to $150,000 per year, and will be indexed for inflation going forward.
Sales Through Third-Party Vendors Now Allowed
Ahead of SB 541, cottage operations could only sell directly to consumers. Now, non-TCS (non-refrigerated) foods may also be sold via “cottage food vendors”—such as local farmers markets, cafes, restaurants, or retail stores. The vendor—not the producer—must register with the Texas Department of State Health Services (DSHS) and display a notice:
“THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”
New Requirements for TCS (Refrigerated) Foods
Foods needing refrigeration—called Time and Temperature Control for Safety (TCS)—are now permitted direct-to-consumer, but with extra safety rules:
- Producers must register with DSHS
- Labels must include the production date
- Labels or receipts must contain, 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.”
- Proper storage and delivery temperatures must be maintained.
More Flexible Labeling Options
Home address no longer needs to appear on the label—DSHS will issue a unique ID number that can be used instead. Labels must also include a statement noting that the product comes from a private residence not subject to inspection.
No Local Licensing or Permit Fees Allowed
SB 541 explicitly prohibits local governments—including health authorities—from requiring permits, licenses, or fees from cottage food producers or vendors. Officials attempting to impose such requirements may be disciplined.
