Texas changed its required cottage food statement on 1 September 2025. If your label carries the old "not inspected by the Department of State Health Services" wording, it is out of date, and a good deal of published guidance still shows it.
The current statement is:
THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.
Use it in capitals, worded exactly as the statute has it. This is not a phrase to paraphrase or tidy up.
Texas is also unusual in what it does not ask for: no ingredient list is required. Allergens are.
What the label must carry
- The required non-inspection statement above, in capitals, exactly as worded
- The common or usual name of the product
- Your business name and home address, or a unique identifier issued by the Texas Department of State Health Services
- A declaration of the major food allergens present, using the allergen's own name
Three more apply only in specific cases.
- A production date, for refrigerated products and for wholesale
- A safe handling statement on refrigerated foods: "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption."
- A batch number, for pickled, fermented, or acidified canned plant-based products
The three Texas labels most likely to be wrong right now
- The old statement. Anything printed before September 2025, or copied from guidance that has not been updated, carries wording that no longer matches the statute.
- Rewording the statement. It goes on in capitals, as written. Shortening it to fit the label is not an option; resize the layout instead.
- "Contains dairy" as the allergen line. Use the allergen's proper name: milk, not dairy, and wheat, not gluten. "Gluten free" is not an allergen declaration at all; it is a separate claim under 21 CFR 101.91 with its own testing standard behind it.
Ingredients are optional, allergens are not
Texas does not require an ingredient list on a cottage food label. That surprises producers arriving from California or New York, where it is mandatory.
Allergen declaration is still required, and there are nine major allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.
Worth saying plainly: not required is not the same as not worth doing. Buyers with dietary restrictions read ingredient lists, retail buyers often expect one, and an ingredient list you already maintain makes the eventual Nutrition Facts panel simpler. If you sell into shops, put one on.
Sales limit
Texas raised its cottage food cap to $150,000 in annual sales, up from $50,000, and the cap rises over time with inflation. Check the current figure with the Department of State Health Services rather than relying on a number in an article, including this one.
When you need a Nutrition Facts panel
The Texas cottage food law does not require a Nutrition Facts panel, and neither does the federal government for most home producers. The federal small business exemption at 21 CFR 101.9(j)(1) covers you if your annual gross sales are $500,000 or less, or your annual gross sales of food to consumers are $50,000 or less. Nothing is filed to claim it.
The exemption ends if:
- You make a nutrient content or health claim on the label, in labeling, or in advertising. This includes "sugar free", "high protein", and "keto" where it implies a carbohydrate level, wherever they appear, including a product description on your own website. ("Gluten free" is regulated separately under 21 CFR 101.91 and is not classified as a nutrient content claim.)
- Your sales pass the federal thresholds. Note that the federal $50,000 food-sales figure is well below the $150,000 Texas cottage food cap, so it is entirely possible to be within the Texas cap and outside the federal exemption at the same time.
- A retail buyer requires a panel to stock you.
That second point catches people. The state cap and the federal exemption threshold are different numbers doing different jobs, and clearing one says nothing about the other.
What to do in Nutrifax
- Build or import the recipe and check each ingredient match.
- Set the serving size from the reference amount for the category.
- Generate the panel in the FDA 2016 format, rounded per 21 CFR 101.9.
- Export a print-ready PDF or PNG, or tile an Avery 5163 sheet.
- Generate an audit report if a buyer asks where the numbers came from.
Nutrifax produces the Nutrition Facts panel. The Texas statement, your identifier, and the allergen line go on the label alongside it.
Related pages
Sources
Disclaimer
Educational content only; not legal advice. The Texas statement changed on 1 September 2025 and the sales cap rises with inflation. Confirm current requirements with the Texas Department of State Health Services, and confirm the final label against current regulations for your product and jurisdiction.