Office of the Texas State Chemist
Can you sell dog treats under the Texas cottage food law?
Verified September 7, 2026. Figures quoted from the statute, rule, fee page or form.
No. The cottage food production operation definition reaches an individual producing food at the individual home and names no pet food or animal feed; DSHS answers that it does not regulate pet food manufacturing and refers pet bakeries to the Office of the Texas State Chemist. What applies to a dog treat maker in Texas instead is the feed side of the state: the instrument, the home and small-scale position, and the retail carve-out are set out below with their citations, and the first-year cost is added up on its own page.
What the Texas cottage food text says
What applies to a dog treat maker in Texas instead
| Item | What Texas says | Cite |
|---|---|---|
| The instrument that applies | YesFeed License, one per feed facility and one per guarantor named on the label, applied for on Form LA 0198 | Form LA 0198 Feed License Application, title line (Rev 5-3-11) |
| Home manufacturer | YesNo home, hobby, volume or premises exemption; the license duty reaches every person who manufactures or distributes commercial feed in Texas | Tex. Agric. Code Sec. 141.021(a) (License Required), first sentence |
| Small or home exemption | NoNo size, revenue, premises or home-kitchen exemption; the only carve-outs are the commodity exclusions of Tex. Agric. Code 141.002(c), including a feed product produced and sold by a farmer | 4 TAC §61.1(11) (Definitions) |
| Retail or direct sales carve-out | DependsOnly a person making retail sales of commercial feed that bears the label of a licensed manufacturer, guarantor or distributor is outside the license; a maker who manufactures and labels their own treats is not, and the channel of sale makes no difference | Tex. Agric. Code §141.021(a) (License Required), second sentence |
| Product registration | DependsEach brand and product name of a pet food distributed in individual containers of five pounds or less must be registered before it may be distributed (4 TAC 63.8(a)); the same recipe sold in a two pound bag and a six pound bag is still a registered product, but it loses the flat-rate small-package fee and pays inspection fees on all sizes through the tonnage system (4 TAC 61.31(d)); a product distributed only in containers larger than five pounds needs no product registration | 4 TAC Sec. 63.8(a) (Registration of Pet Foods in Packages of Five Pounds or Less) |
| Pet food is commercial feed | YesA material used as a feed for an animal is commercial feed under Tex. Agric. Code 141.002(a), and 4 TAC 61.1(15) defines pet food as a commercial feed | Tex. Agric. Code §141.002(a) (Commercial Feed) |
More for Texas
Texas questions on this topic
Are dog treats cottage food in Texas?
No. The cottage food production operation definition reaches an individual producing food at the individual home and names no pet food or animal feed; DSHS answers that it does not regulate pet food manufacturing and refers pet bakeries to the Office of the Texas State Chemist. Source: Tex. Health & Safety Code Sec. 437.001(2-b) (Definitions).
Is there a home or small-scale exemption for dog treats in Texas?
No. No size, revenue, premises or home-kitchen exemption; the only carve-outs are the commodity exclusions of Tex. Agric. Code 141.002(c), including a feed product produced and sold by a farmer. Source: 4 TAC §61.1(11) (Definitions).
Does selling only at a farmers market change the Texas answer?
It depends. Only a person making retail sales of commercial feed that bears the label of a licensed manufacturer, guarantor or distributor is outside the license; a maker who manufactures and labels their own treats is not, and the channel of sale makes no difference. Source: Tex. Agric. Code §141.021(a) (License Required), second sentence.
What does a dog treat maker need in Texas instead?
Yes. Feed License, one per feed facility and one per guarantor named on the label, applied for on Form LA 0198. Source: Form LA 0198 Feed License Application, title line (Rev 5-3-11).
Keep reading
DogTreatLicense is an informational reference about state commercial feed laws as they apply to people who make and sell pet treats in the United States. It reprints instrument names, fees, thresholds, label items and citations from state statutes, rules, fee schedules and agency forms, together with the date each state was last verified. Nothing on this site is legal advice, and fees and rules change. Confirm with the state feed control office before you register or sell.
Read the terms before you rely on any figure here.