Cottage food producers in Hidalgo County follow the Texas Cottage Food Law, not a county ordinance. No permit or inspection is required, and annual gross food income is capped at $50,000 under Texas Health & Safety Code §437.001.
A cottage food production operation — an individual making non-hazardous foods like baked goods, candy, jams, and dried herbs at home — is governed by the statewide Texas Cottage Food Law in Texas Health & Safety Code Chapter 437, not by Hidalgo County. Under §437.001 the operation must have annual gross income of $50,000 or less from cottage food sales and sell directly to consumers. Chapter 437 exempts these operations from permitting, licensing, and inspection, and bars local health departments — including Hidalgo County Environmental Health — from requiring a permit or inspecting them. Products must still be labeled with the producer's name, address, and a statement that the food is made in an uninspected home kitchen.
Because no county permit is required, there is no county violation for lacking one. Selling outside the cottage-food category, exceeding the $50,000 cap, or failing labeling triggers enforcement under Texas Health & Safety Code Chapter 437 and DSHS food rules.
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