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San Antonio, TX Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Code Section
UDC § 35-378(b)(4); TX H&S Code Ch. 437
Status
Exempt from home occupation restrictions
Certification
Food handler certification required
Sales
Direct to consumer only
State Law
SB 541 expanded allowable food types and labeling

Summary

Cottage food operations are explicitly allowed in San Antonio's residential zones. UDC § 35-378(b)(4) exempts cottage food businesses from home occupation prohibitions. Operators must comply with Texas Health & Safety Code Chapter 437 (Cottage Food Production), which requires a food handler certification, proper labeling, and direct-to-consumer sales. SB 541 expanded allowable food types and modified labeling requirements at the state level.

(a) Food sold by a cottage food production operation must be packaged in a manner that prevents product contamination, except that a food item is not required to be packaged if it is too large or bulky for conventional packaging.(b) The executive commissioner shall adopt rules requiring a cottage food production operation to label all of the foods the operation sells to consumers.

Source: UDC Art. III Div. 7 § 35-378 – Home Occupations (cottage food operations)View official code

Full Breakdown

San Antonio allows cottage food operations under state cottage food laws. Permitted products typically include baked goods, jams, candies, dried herbs, and other shelf-stable items. Potentially hazardous foods requiring refrigeration are generally excluded. Annual revenue caps typically range from a penalty set by local ordinance depending on state law. Products must be labeled with ingredients, allergens, and "Made in a Home Kitchen" disclaimer. No commercial kitchen or health inspection required for qualifying operations. Sales may be limited to direct-to-consumer channels (farmers markets, online with local delivery).

Frequently Asked Questions

Can I sell baked goods from home in San Antonio?
Yes. Cottage food operations are exempt from home occupation restrictions under UDC § 35-378(b)(4). You must comply with Texas Health & Safety Code Chapter 437, which requires a food handler certification, proper labeling, and direct-to-consumer sales.
Do I need a city permit for a cottage food business?
No city permit is required. Cottage food is regulated at the state level under Texas Health & Safety Code Chapter 437. You must complete a food handler certification and follow labeling requirements, including your registration number in lieu of your home address under SB 541.

Sources & Official References

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