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The short answer
Texas lets you sell some foods made in your home kitchen under the cottage food law, but only foods that do not need time and temperature control for safety, such as baked goods, candy, jams and dried snacks, and only directly to consumers. Hot dishes most Nigerian caterers sell, such as jollof rice, stews, pepper soup and moi moi, need temperature control, so catering them for sale requires a permitted food establishment or commercial kitchen.
What the cottage food law allows
Section 437.001 of the Texas Health and Safety Code defines a cottage food production operation as an individual, operating out of their home, who produces foods from an approved list, sells them only directly to consumers, and delivers them at the point of sale or another place the consumer chooses. 'Home' means a primary residence with a kitchen and appliances designed for ordinary residential use. The approved list includes:
- Baked goods that are not time and temperature control for safety (TCS) foods
- Candy, nuts, popcorn and cereal
- Jams and jellies, pickled produce, vinegar and mustard
- Dried produce, dried herbs, roasted coffee and dry tea
- Fermented vegetable products
- Any other food that is not a TCS food
The version of the section we opened (as amended in 2019) limits the operation to $50,000 or less a year in gross income from these foods. The legislature has changed this section before, so check the Texas Department of State Health Services cottage food guidance for the current limit, labelling and training rules before you rely on the figure.
How Nigerian foods fit
| Food | Likely position | Why |
|---|---|---|
| Chin chin, plantain chips, coconut candy | Probably cottage food | Shelf-stable snacks and candy, if made to stay dry |
| Cakes, meat-free buns, cookies | Cottage food if not TCS | Baked goods not needing refrigeration |
| Meat pies, fish rolls | Usually not | Fillings normally need temperature control |
| Jollof, fried rice, stews, egusi, pepper soup | Not cottage food | Cooked dishes needing hot or cold holding |
| Moi moi, akara | Not cottage food | Bean dishes held warm or chilled |
| Zobo, kunu | Check with DSHS | Drinks often need refrigeration |
'Likely position' is our reading of the definition, not a ruling. When in doubt, ask DSHS or your local health department before selling.
Who you can sell to
The statute's direct-to-consumer condition is easy to overlook. A cottage food operator sells only to the people who will eat the food and delivers at the point of sale or a place the customer picks. Selling trays of chin chin wholesale to an African grocery, or supplying a restaurant to resell your cakes, falls outside that definition, and the buyer's health inspector may ask where the product was made. If a shop wants to stock your snacks, that is usually the point to move production into a permitted kitchen.
When you need a permitted kitchen
Most Nigerian catering, for parties, owambes, naming ceremonies and church events, is hot food in bulk, which falls outside the cottage food list. To sell it lawfully you need to prepare it in a permitted food establishment. Common routes are:
- Renting time in a shared commercial kitchen that holds a food permit, and operating under its permit or your own, as your local health department requires.
- Leasing your own small premises and getting it permitted. In Houston that means the Houston Health Department's plan review, pre-opening inspection and food permit (see opening an African food store in Houston).
- Temporary event permits for food sold at a festival or celebration. In Houston, up to 105 days of temporary permits a year at the same location.
- A mobile food unit, which Houston Health inspects by appointment.
Cities outside Houston, such as Dallas, Austin or San Antonio, run their own health departments and fees, so check the one for the place where food is prepared and sold.
Worked example
Example only: Bisi in Katy bakes celebration cakes and bags of chin chin from home under the cottage food law, selling to customers who collect or to whom she delivers. Her income from those foods is $28,000 this year, within the $50,000 figure in the statute text we opened. When a client asks for jollof and peppered chicken for 150 guests, she books four hours in a permitted shared kitchen and cooks there. Two income streams, two sets of rules.
Business set-up
Even a home business needs the basics: a trading name (assumed name with the county if you trade in your own right, Form 503 with the Secretary of State if you form an LLC), insurance, and sales tax registration if you sell taxable items. The Comptroller asks anyone selling tangible goods in Texas to apply for a permit. See DBAs in Texas.
Where Pryme fits
Caterers who buy ingredients from Nigeria, or pay family helpers back home, can hold USD and NGN in one Pryme Business Account and send naira when they choose; the app shows the rate and the fee before you approve. Outside Nigeria, Pryme operates through regulated partners.
Questions people ask
Can I sell jollof rice from home in Texas?
Not under the cottage food law. Jollof is a cooked dish that needs temperature control, so it must be prepared for sale in a permitted food establishment.
What can I sell under the Texas cottage food law?
Foods that are not time and temperature control foods, such as many baked goods, candy, jams, dried snacks and fermented vegetables, sold directly to consumers.
Is there a sales limit for cottage food in Texas?
The statute text we opened (as amended 2019) says $50,000 or less a year. Check DSHS for the current limit, as the section has been amended before.
Do I need a commercial kitchen for Nigerian catering?
For hot dishes such as stews, rice and soups, yes. Renting time in a permitted shared kitchen is a common route.
Sources
- Texas Health and Safety Code s.437.001, definitions (Public.Law, as amended 2019) · accessed Oct 2026
- Houston Health Department: Permits · accessed Oct 2026
- Texas Comptroller: Sales and use tax permit (modified 22 Oct 2025) · accessed Oct 2026
- Texas Secretary of State: Form 806, fee schedule (revised Sep 2026) · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.