BakeFlo Guide · Texas Compliance

Texas Cottage Food Label Requirements Under SB 541

Exactly what has to be on your label in 2026 — the five required elements, the statement you can't reword, and the allergen naming mistakes that catch even experienced bakers.

6 Min Read·For Texas Cottage Bakers

On September 1, 2025, SB 541 rewrote the Texas Cottage Food Law — the sales cap tripled to $150,000, the allowed-foods list flipped from "only these" to "anything except these," and the label rules changed. If your labels were compliant in early 2025, they may not be now.

Here's the complete, current list of what Texas requires on a cottage food label — no more, no less — pulled from the statute and DSHS guidance, not from a Facebook comment thread.

The five things every Texas cottage food label needs

For standard shelf-stable baked goods sold directly to your customer, Texas requires exactly five elements:

  • Your business name and address — or, since September 1, 2025, a DSHS unique identifier number instead of your home address (more on that below)
  • The common name of the product — "Chocolate Chip Cookies," not just your brand name
  • Any major allergens present in the food — the specific ones, listed by their legally correct names
  • The statement of non-inspection — verbatim, in all caps (next section)
  • A production date — but only in two situations: refrigerated (TCS) foods, or anything sold through a Cottage Food Vendor (wholesale). Direct-to-consumer shelf-stable goods don't need one
What's Not Required

A full ingredient list is optional in Texas. The law only requires you to disclose the major allergens actually present. You can add ingredients, your website, a QR code, or "By Appointment Only" — anything extra is allowed as long as the required elements are there.

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The statement you cannot reword

SB 541 updated the required statement of non-inspection. As of September 1, 2025, every label must carry this exact wording, in all caps, exactly as it appears in the statute:

You can't soften it, shorten it, or rewrite it in your own voice — the statute requires the statement exactly as written. If your labels still carry the old pre-2025 wording, this is the first thing to update.

Allergens: the nine you must disclose — by their legal names

Federal law (FALCPA, updated by the FASTER Act) defines nine major allergens, and Texas requires you to disclose any that are present in your product:

  • Milk — not "Dairy." The law specifies the term "Milk"
  • Eggs
  • Wheat — not "Gluten." The allergen is wheat
  • Soybeans
  • Tree Nuts
  • Peanuts
  • Sesame — the newest addition, and the one most often missed
  • Fish
  • Crustacean Shellfish

Two rules trip people up: you must list the allergens actually present — a blanket "may contain all major allergens" statement doesn't comply — and you must use the legal names. "Dairy" and "gluten" feel more natural on a cookie label, but they're not the terms the law recognizes.

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How to keep your home address off your label

The single most common objection to cottage food labeling — "I don't want my home address on every box of cookies" — finally has a clean answer. Since September 1, 2025, you can register with DSHS and receive a unique identifier number that goes on your label in place of your street address.

  • Registration is through the Texas Department of State Health Services
  • The identifier replaces only the address — your business name still appears
  • Nothing in the law requires customers to come to your home; you can deliver or meet at a public spot regardless

Packaging and labeling logistics

The rules on where the label goes are stricter than most bakers expect:

  • All food must be packaged in a way that prevents contamination, and all food must be labeled
  • Ten unwrapped cookies in one box: one label on the box. Ten individually wrapped cookies in a box: ten labels
  • Items too large or bulky to package — a wedding cake — can carry the label on the invoice instead
  • You can split the required information across two labels if space is tight
Selling Wholesale or Refrigerated?

Two extra rules kick in. Anything sold through a Cottage Food Vendor (farmers market booth you don't staff, retail store, restaurant) needs a production date on the label. Refrigerated (TCS) foods need the production date plus a 12-point-font safe handling statement — and require DSHS registration to sell at all.

The quick self-check

Pull one of your current labels and check it against this list: business name, address or DSHS identifier, product name, allergens by legal name, and the all-caps statement word-for-word. If all five are there — and a date if you sell refrigerated or wholesale — you're compliant.

A Note on This Guide

This guide is for general information, not legal advice. Label requirements live in Texas Health & Safety Code Chapter 437 — when in doubt, check the statute or DSHS's cottage food page directly, since rules can change between sessions.

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