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Detailed Cottage Food Law Summary

Under Texas cottage law as of Sept 1, 2025, you can sell almost any food directly from home except a short prohibited list that still includes all meat and meat products.

Additional Notes & Requirements

1. Can you sell charcuterie boards from home in Texas?

Classic meat-and-cheese boards: NO

Under Texas cottage law as of Sept 1, 2025, you can sell almost any food directly from home except a short prohibited list that still includes all meat and meat products. Texas Cottage Food Law+2Chronicle+2

Texas cottage guidance and allowed-foods lists state plainly:

  • No meat, meat products, poultry, or poultry products
  • No seafood
  • No raw milk / unpasteurized dairy
  • No ice products
  • …and it specifically calls out:
  • “Charcuterie boards with any kind of meat” are prohibited. Texas Cottage Food Law+2Texas Cottage Food Law+2

So boards/boxes/cups containing salami, prosciutto, pepperoni, brisket, chicken, etc. are not cottage-legal. Texas Cottage Food Law+1

What about cheese-only boards?

SB 541 now allows many TCS foods at home for direct sale, and lists “cheese” among newly allowed examples—as long as there’s no meat and you follow TCS rules. Texas Cottage Food Law+2Homemade Texas+2

Meaning:

  • A no-meat snack board with pasteurized cheese + fruits/veg + shelf-stable carbs can be cottage-legal if you comply with the TCS lane requirements below.
  • The moment meat is added, you must go commercial.

2. Texas cottage food lanes (post-9/1/2025)

Lane A) NTCS / shelf-stable cottage foods

Still the simplest home path. Examples Texas allows:

  • shelf-stable baked goods
  • candies
  • jams/jellies/honey/fruit butters
  • dry mixes, seasonings
  • crackers/breadsticks/crostini
  • candied nuts/snack mixes, granola, popcorn, etc. fss.txst.edu+2SATX Market Events+2

Charcuterie-adjacent products that work great at home:

  • spice blends / dry rubs
  • shelf-stable crackers & crostini
  • candied nuts / pairings
  • jams / hot honey / fruit spreads
  • “build-your-own board kits” without meat

Lane B) TCS cottage foods (newly allowed for direct sale)

SB 541 allows certain time/temperature-controlled (refrigerated) foods from home only for direct-to-consumer sale. Examples include cheesecake, cut fruits/veg, cheese, vegetarian hot meals, etc. Texas Cottage Food Law+2Homemade Texas+2

If your student sells a cheese-only or vegetarian snack board from home, it’s in this lane.

3. Texas cottage requirements your students must follow

Sales cap (current law)

Permits / inspections

Where/how you can sell

Post-SB 541:

  • Direct to consumers at home, farmers markets, fairs, pop-ups, delivery by you, etc.
  • NTCS foods can also go through third-party “cottage food vendors” (retailers who resell cottage foods). Farm and Ranch Freedom Alliance+1
  • TCS cottage foods remain direct-sale only (no wholesale/third-party resale). Austin County News Online+1

TCS cottage foods (important charcuterie note)

If selling any TCS cottage food (cheese boards, cut produce kits, etc.) you must:

1.   Complete an approved food-safety course, and

2.   Register with DSHS per the SB 541 implementation. Austin County News Online+1

Labeling (required for all cottage foods)

Texas DSHS requires labels to include:

  • business name
  • physical address or a DSHS-issued unique ID number
  • product name
  • allergens
  • and the exact statement:
  • “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” Tx Health Services

For TCS cottage foods also add:

4. What you need to sell real charcuterie in Texas (meat + cheese boards)

Once meat is on the board, you’re not cottage. You need the standard commercial pathway.

Core requirements

1.   Approved commercial/commissary kitchen

o   shared commissary kitchen

o   leased restaurant kitchen (off-hours)

o   or your own inspected buildout

2.   Retail Food Establishment or Catering Permit

o   Permits are issued by your local regulatory authority (city/county health dept) or DSHS in areas they regulate.

o   DSHS permitting info and “starting a new retail food establishment” pages lay out application + fees + inspection before opening. Tx Health Services+1

Typical charcuterie categories:

o   Retail Food Establishment / food prep (boards for pickup, delivery, markets, retail placement)

o   Catering / food service (grazing tables, staffed events)

3.   Inspected sourcing + cold-chain SOPs

o   meats must be USDA/state-inspected, commercially packaged

o   cheeses/dairy must be pasteurized commercial products

o   keep invoices for inspectors

o   transport/serve at ≤41°F and follow time-out controls if used

4.   Temporary event permits

If you assemble/serve boards onsite at festivals, wineries, fairs, etc., you’ll need a temporary food establishment permit for those events (county/city-specific).

5. Texas startup lanes (pick your path)

Lane A — Home-based brand builder (legal now)

No meat

1.   Sell NTCS board add-ons/kits from home

2.   If doing cheese-only/TCS snack boards, take food-safety training + register

3.   Label correctly

4.   Sell direct; NTCS may use third-party cottage vendors

5.   Stay ≤$150k gross/yr

Farm and Ranch Freedom Alliance+3Texas Cottage Food Law+3Tx Health Services+3

Lane B — Full charcuterie boards & grazing tables

Commercial kitchen + permits

1.   Secure licensed kitchen

2.   Apply for retail food or catering permit locally

3.   Pass inspection

4.   Operate with cold-chain + sanitation SOPs

Tx Health Services+2Tx Health Services+2

Last Updated:
2025-11-21

Important Disclaimer

This information is provided for general guidance only. Cottage food laws can change and may vary by county or municipality within the state. Always verify current regulations with your state and local health departments before starting your cottage food business. This is not legal advice.