Hidalgo County, TX Home Business: Cottage Food Operations (2026)
Key Facts
- Governing law
- TX Cottage Food Law, H&S Ch. 437
- County permit
- None: county can't require one
- Income cap
- $50,000/yr gross (§437.001)
- Sales channel
- Direct to consumers only
Summary
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.
"Cottage food production operation" means an individual, operating out of the individual's home, who: ... has an annual gross income of $50,000 or less from the sale of food described by Paragraph (A); ... sells the foods produced under Paragraph (A) only directly to consumers.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Does Hidalgo County permit or inspect cottage food?
How much can I earn selling cottage foods?
Sources & Official References
Other rules in Hidalgo County
Texas rules heatmap·Compare Hidalgo County to another location·View the Texas home business overview
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