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TexasSB 54189th Legislature Regular SessionSenate

Relating to cottage food production operations.

Sponsored By: Lacey Hull, Lois Kolkhorst (Republican)

Signed by Governor

Business & Commerce--Small Business & Minority BusinessHealth--GeneralOccupational Regulation--Other Trades & ProfessionsSafetyFOODPACKAGING & LABELING REQUIREMENTSSIGNSHEALTH & HUMAN SERVICES COMMISSION

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Higher sales limit for home food businesses

Beginning September 1, 2025, Texas raises the yearly cottage food sales limit from $50,000 to $150,000, adjusted annually using consumer inflation. Individuals can produce food at home; qualifying 501(c)(3) tax-exempt nonprofits can use a director’s or officer’s home. The law excludes meat and poultry, seafood, ice products, low-acid canned goods, CBD or THC products, and raw milk products.

Local permit fees barred for home foods

Beginning September 1, 2025, local governments cannot require licenses, permits, or fees for covered cottage food production and sales. This protection covers sales to consumers or cottage food vendors, plus samples given directly to consumers. It does not cover the six prohibited food groups. Local authorities cannot employ anyone who knowingly requires or tries to require a forbidden license or permit.

Home food businesses gain registered resellers

Beginning September 1, 2025, home food businesses can sell eligible food wholesale to Texas vendors under contract with them. Vendors can resell directly to Texas consumers at farmers’ markets, farm stands, food service businesses, and retail stores. Wholesale excludes the six prohibited food groups and foods needing time-and-temperature safety control; other wholesale sales remain barred. Producers making and distributing cottage food wholesale for resale are exempt from state food-manufacturer licensing under Chapter 431. Vendors buying wholesale must register with the state, display the private-home warning, and sell food labeled with its production date.

Home food sellers face safety rules

Beginning September 1, 2025, cottage foods need contamination-proof packaging unless too large or bulky for usual packaging. Labels must name the operation, give its address, and disclose production in a private home without government licensing or inspection. Registered operations can use a state-issued ID instead of their address. Sellers of foods needing time-and-temperature safety control must register, maintain safe storage and delivery temperatures, and label the production date. Labels, invoices, or receipts must give refrigeration or freezing instructions in at least 12-point type. A finished food avoids these special temperature-control rules when only its ingredients—not the finished product—need controls against germs or toxins.

Home food sellers gain more reach

Beginning September 1, 2025, cottage food businesses can sell eligible foods online to Texas consumers, excluding the six prohibited food groups. The operator, an employee, or a household member must personally deliver the food. Buyers must receive required label information before payment, except the address can appear on the label afterward; permitted state IDs can replace addresses. Operations can offer samples anywhere in Texas while following the required food-sampling safety standards. They can also donate food for event sales or service, including bake sales, but not food needing time-and-temperature safety control.

Sponsors & Cosponsors

Sponsors

  • Lacey Hull

    House

  • Lois Kolkhorst

    Republican • Senate

Cosponsors

  • Kevin Sparks

    Republican • Senate

  • Royce West

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 186 • No: 5

Senate vote • 5/20/2025

Record vote

Yes: 31 • No: 0

House vote • 5/13/2025

Record vote

Yes: 135 • No: 5

Senate vote • 4/10/2025

Record vote

Yes: 0 • No: 0

Senate vote • 4/10/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: Public Health

Yes: 12 • No: 0

Senate vote • Unknown

Committee vote: Health & Human Services

Yes: 8 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    5/30/2025House

  2. Signed by the Governor

    5/30/2025House

  3. Sent to the Governor

    5/21/2025House

  4. Signed in the House

    5/21/2025House

  5. Signed in the Senate

    5/21/2025Senate

  6. Senate concurs in House amendment(s)-reported

    5/21/2025House

  7. Reported enrolled

    5/20/2025Senate

  8. Record vote

    5/20/2025Senate

  9. Senate concurs in House amendment(s)

    5/20/2025Senate

  10. Read

    5/20/2025Senate

  11. House amendment(s) laid before the Senate

    5/20/2025Senate

  12. House passage as amended reported

    5/14/2025Senate

  13. Statement(s) of vote recorded in Journal

    5/13/2025House

  14. Record vote (RV#2317)

    5/13/2025House

  15. Passed

    5/13/2025House

  16. Read 3rd time

    5/13/2025House

  17. Passed to 3rd reading as amended

    5/12/2025House

  18. Amended (2-Harless)

    5/12/2025House

  19. Amended (1-Hull)

    5/12/2025House

  20. Read 2nd time

    5/12/2025House

  21. Laid out in lieu of companion (CSHB 2588)

    5/12/2025House

  22. Committee report sent to Calendars

    5/10/2025House

  23. Committee report distributed

    5/10/2025House

  24. Comte report filed with Committee Coordinator

    5/10/2025House

  25. Reported favorably as substituted

    5/8/2025House

Bill Text

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