Senate Bill 541 (Effective September 1, 2025)

Newly Authorized Cottage Food Products Requiring Refrigeration

Senate Bill 541 expands the types of foods that may be produced and sold under the Texas Cottage Food Law. Beginning September 1, 2025, the following foods may be produced and sold as cottage foods when all applicable requirements are met:

• Bread Pudding
• Cheesecake
• Pumpkin Pie
• Cookie Dough
• Deviled Eggs
• Cold Salads
• Cheese and Fruit Boards
• Hot Side Dishes
• Take-and-Bake Dishes
• Cut Fruits and Vegetables
• Vegetarian Pizza
• Pasta
• Casseroles

Requirements for Selling Refrigerated Cottage Foods

Effective September 1, 2025, cottage food operators selling refrigerated foods must comply with the following requirements:

1. Registration

• Register with the Texas Department of State Health Services (DSHS).

2. Product Dating

• The food label must include the date the food was produced.

3. Safe Handling Statement

• The food label, invoice, or receipt must contain the following statement:

"SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption."

4. Temperature Control

• Foods must be stored and delivered at temperatures necessary to prevent the growth of bacteria that may cause human illness.

Wholesale Sales Through Cottage Food Vendors

Certain cottage foods may be sold through a registered Cottage Food Vendor for resale directly to consumers.

Permitted Sales Locations

Foods may be sold through a Cottage Food Vendor at:

1. Farmers Markets
2. Farm Stands
3. Food Service Establishments
4. Retail Stores

Important: The business selling the food must register with DSHS as a Cottage Food Vendor.

Wholesale Cottage Foods Must Be Shelf-Stable

Only shelf-stable foods that do not require refrigeration for safety may be sold through a Cottage Food Vendor without the producer being personally present.

Examples of Eligible Shelf-Stable Foods

• Baked Goods
• Candy
• Dry Mixes
• Cereals
• Jams and Jellies
• Hot Sauces
• Pickled Okra
• Canned Salsa
• Other Acidified Canned Goods

Wholesale Cottage Food Vendor Requirements

1. Shelf-Stable Products Only

• Foods requiring refrigeration for safety may not be sold through a third-party Cottage Food Vendor.

2. Vendor Registration

• Third-party sellers must register with DSHS as a Cottage Food Vendor.

3. Product Dating

• Food labels must include the date the food was produced.

4. Required Consumer Notice

The seller must prominently display the following statement:

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

Excluded Foods 

• Meat, meat products, poultry, or poultry products
• Seafood, including seafood products, fish, fish products, shellfish, and shellfish products
• Ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato
• Low-acid canned goods
• Products containing cannabidiol or tetrahydrocannabinol; or
• Raw milk and raw milk products

For Additional Information

Contact the Texas Department of State Health Services (DSHS) or your local health authority for current registration requirements and guidance regarding cottage food operations.