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How to Start a Dog Treat or Dog Food Business in Texas: A Founder's Guide
Dogs are the most honest taste testers in the food business. They'll tell you instantly whether your peanut butter biscuit works. Regulators take a little longer to give their answer. If you're thinking about starting a dog treat business in Texas, this guide covers who's in charge, what you need before your first sale, what's changed recently, and how a shared commercial kitchen fits in.
Quick note: this is an educational guide, not legal advice. Requirements depend on your product, process, where you sell, and your kitchen's permits. We've linked the official sources so you can check them yourself.
First, the surprise: dog treats aren't cottage food
In Texas, anything made to feed an animal is "commercial feed" (Agric. Code §141.002). That puts dog treats under the Office of the Texas State Chemist (OTSC) at Texas A&M, not the health department. The state health department says plainly that it doesn't regulate pet food manufacturing (DSHS FAQ), and OTSC has said the Texas cottage food law doesn't apply to pet food or treats (OTSC newsletter). The big 2025 expansion of the cottage food law was about food for people, so your pup's biscuits still need the feed route.
What you need to start a dog treat business in Texas
A feed facility license. You need an OTSC license for each facility where you make or distribute feed, with a fee of up to $75 per facility, and you submit your labels with it (§141.021). If you cook in a commercial kitchen, that kitchen is your facility.
Product registration for small packages. Every pet food sold in packages of five pounds or less must be registered before you sell it (4 TAC §63.8). AAFCO lists the Texas fee at $50 per product per year (AAFCO Texas page). That's most treat bags. The forms are on OTSC's forms page.
A label that follows Texas and federal rules. Expect a product name with "dog treat" or similar on the front, ingredients listed by weight, a guaranteed analysis, net weight, and your business name and address. Claims like "complete and balanced" have strict rules tied to AAFCO nutrient profiles (4 TAC §63.2).
The FDA basics. Every ingredient has to be safe for dogs (xylitol is FDA's favorite example of a human-safe ingredient that's toxic to dogs). Businesses that aren't mainly selling direct to consumers usually register with FDA and follow its animal food manufacturing rules, with lighter requirements for very small businesses. Everyone keeps records of where ingredients came from and where product went (FDA's starter guide).
Inspection fees. Texas charges a small per-ton fee on feed you distribute. For most treat makers it's pocket change, but it comes with reporting.
What's changed in the last couple of years
New model pet food labels. AAFCO approved Pet Food Label Modernization in 2023: a nutrition facts box, an intended-use statement on the front, and standardized storage instructions. States adopt it on their own schedule over a recommended six-year transition (Pet Food Institute). We didn't find evidence Texas has adopted it yet, so label to current Texas rules and design packaging that can switch later.
A new path for new ingredients. FDA's long-running ingredient partnership with AAFCO ended on October 1, 2024. New ingredients now go through an FDA consultation process instead (FDA). If you're baking with flour, pumpkin, and peanut butter, this probably won't touch you.
Bird flu and raw diets. In January 2025, FDA told dog and cat food makers covered by its preventive controls rules who use raw poultry or cattle ingredients to address H5N1 in their food safety plans (FDA update).
Bills to watch. The federal PURR Act would move pet food labeling rules to FDA and override state rules (H.R. 597). As of our research it hasn't passed, so today's Texas rules still apply.
Product by product
Baked biscuits and cookies: the friendliest starting point. Shelf-stable, simple ingredients, easy labels. Skip xylitol, chocolate, grapes, raisins, and other ingredients that are dangerous for dogs.
Jerky and dehydrated meat treats: popular and doable, but you need a validated cook step before drying and serious Salmonella control. FDA has investigated illnesses linked to jerky treats before (FDA).
Fresh-cooked meals: keep them cold, and don't call them complete and balanced unless the recipe actually meets AAFCO nutrient profiles.
Frozen treats: pumpkin or yogurt "pupsicles" made from purchased pasteurized ingredients are a fun, manageable product. Plan your freezer space.
Raw diets: the hardest category. Pathogen control, bird flu planning, and many shared kitchens won't host raw pet meat next to human food.
CBD and hemp treats: FDA hasn't allowed CBD in animal food, and we found no Texas rule allowing hemp in dog treats. Ask OTSC before you invest.
Health claims: "Supports a shiny coat" is marketing. "Cures allergies" turns your treat into an unapproved drug in FDA's eyes. Keep claims modest and true.
Canned or pouch dog food: shelf-stable wet food falls under FDA's low-acid canned food rules, with process filings and specialized equipment.
Selling at farmers markets and online
Texas counts giving product away or swapping it as "distribution," not just selling it (§141.001). AAFCO notes that farmers market sales and shipping online orders into another state both count as distribution, so each state you ship to may want its own license or registration (AAFCO guidance). Some Texas markets now check OTSC's list of registered products before they'll take a pet food vendor.
What a shared kitchen can (and can't) do for your dog treat business
A shared commercial kitchen gives you a real address for your feed license, commercial ovens and dehydrators, cold and frozen storage, and a human food kitchen that backs up your quality story. It can't hold your OTSC license for you, and it may set rules about what comes through the door. Many kitchens, Wingman included, are cautious about raw pet meat and ingredients that aren't approved for human food. Ask before you sign.
At Wingman, we review pet food products case by case. Baked treats made from human-grade ingredients are the easiest fit. Raw diets, CBD, and canned products need a much closer look, so talk to us early.
Your checklist before you rent space or print labels
Is my product a treat, a complete meal, or a supplement, and can I back up any nutrition claim?
Are all my ingredients safe for dogs and approved for animal food?
Where will I make it, and will that kitchen allow my ingredients and process?
Do I have an OTSC feed facility license for that address?
Have I registered every product sold in packages of five pounds or less?
Does my label have the name, "dog treat," ingredients, guaranteed analysis, net weight, and my address?
Am I keeping records of where ingredients came from and where my product went?
Do I need FDA registration, and do I qualify as a very small business?
Am I shipping out of state, and have I checked those states' rules?
FAQ
Can I make dog treats at home under the Texas cottage food law?
No. Pet food, including treats, is regulated as commercial feed by the Office of the Texas State Chemist, and the cottage food law doesn't apply to it.
Do I need a license just to sell at a farmers market?
Yes. Selling, and even giving treats away, counts as distribution. You need the facility license and product registrations first.
Do I have to register with the FDA?
It depends on how you sell. Businesses that sell mostly direct to consumers are generally exempt; wholesale-heavy brands usually register and follow FDA's animal food manufacturing rules.
Can I add CBD to my dog treats?
Not as things stand. FDA hasn't allowed CBD in animal food, and we found no Texas rule allowing hemp in dog treats. Ask OTSC in writing if this is central to your plan.
Do I need to switch to the new AAFCO label format now?
Not yet in Texas, as far as we can tell. Follow current Texas rules, keep an eye on OTSC announcements, and design packaging that's easy to update.
The short version
In Texas, dog treats are feed, not cottage food. Get an OTSC license for the kitchen you use, register your small-package products, label them properly, and keep your claims honest. Your dog will judge the flavor. The State Chemist will judge the paperwork.
This article is for general education and isn't legal advice. Requirements change and depend on your product, process, sales channels, location, and your kitchen's permits. Confirm your plans with the Office of the Texas State Chemist, the FDA, your local health department, or a qualified attorney. Last reviewed October 2026.
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