Texas cottage food producers work under Health & Safety Code Chapter 437 - no permit or inspection is required to sell non-hazardous homemade food, and the annual gross income cap is now $150,000 (inflation-indexed) under SB 541, effective September 1, 2025. Local governments, including El Paso County, cannot require a
The Texas Cottage Food Law (Health & Safety Code Chapter 437) lets an individual produce certain foods at home and sell them without a food-establishment permit or home inspection. Section 437.001(2-b)(B) requires annual gross income at or below the cap - raised to $150,000 (indexed for inflation) by Senate Bill 541, effective September 1, 2025, from $50,000. The law uses an exclusion model: producers may sell any food that is not a prohibited time-and-temperature-control item, such as baked goods, candy, jams, and dried herbs. Products need labels with the producer's name and address (or DSHS ID), ingredients, allergens, and the not-inspected disclosure. No local authority may require a permit, license, or fee, so El Paso County cannot. DSHS registration is
A local government - including El Paso County or a city health department - that requires a permit, license, or fee for a compliant cottage food operation acts contrary to the Chapter 437 preemption. On the producer side, exceeding the
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