Draft for attorney review. This is not legal advice. Rules change. Confirm them with the agency linked below, and with your city or county, before you sell.
An ordering website for cooks in Texas
First month $19.99 on Store or Plus through December 31, 2026, then Store is $50 a month with a 3.5% platform fee on card orders. Plus is $100 a month with a 2% platform fee on card orders. A cook’s own domain is $20 setup plus $25 a year on either plan (.com, .net, .org, or .us). Stripe’s card-processing fee is separate. Pay-at-pickup has no KitchenCheckout fee. Cancel anytime online.
You are responsible for permits, labelling, allergen disclosure, and sales-tax obligations. Rules vary by state and city. KitchenCheckout is the ordering website. It does not issue permits. Card payments are processed by Stripe.
What the state page said
The Texas Department of State Health Services cottage-food page, opened October 7, 2026, describes Senate Bill 541 and an annual gross-income threshold of $150,000. It says cottage food production is exempt from food-service establishment requirements and the Texas Food Establishment Rules.
That page says a local health department may not require a permit or fee to produce or sell cottage food directly to a consumer. It also says DSHS or a local authority can act on an immediate serious threat. Registration is described for operators who want a registration number instead of a home address on the label, for operators who sell time-and-temperature-control foods, and for cottage food vendors. Food-handler training is required.
Online sales, on that page, are allowed only if the consumer buys from the operator, the operator or an employee or household member delivers in person, the labeling is posted before payment, and the address or identification number is on the label after payment. Food must be packaged and labeled, including the disclosure “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” Major allergens must be listed. The page excludes foods such as meat, poultry, seafood, ice products, low-acid canned goods, CBD or THC products, and raw milk. Sales tax and zoning can still apply. This is not a complete restatement of the statute.
Sources opened
- Texas DSHS cottage food production. Opened 2026-10-07. Contact on the page: [email protected] and 512-834-6753. The page links Texas Health and Safety Code Chapter 437.
- Texas Health and Safety Code Chapter 437 (linked from the DSHS page). Linked from the DSHS page opened 2026-10-07. Read the statute yourself. This summary follows the DSHS page, not a line-by-line reading of the code.