Galveston County, TX Home Business: Cottage Food Operations (2026)
Key Facts
- Permit needed
- None if under income cap
- Income cap
- $50,000 or less gross annually
- Status
- Not a food service establishment
- Allowed foods
- Baked goods, jams, candy, dry mixes
- Galveston zoning
- Permitted in all districts
Summary
Texas cottage food law lets you sell many homemade foods with no permit if gross income stays at $50,000 or less. Health & Safety Code 437.0191 says a cottage food operation is not a food service establishment, so no health-permit is required.
A cottage food production operation is not a food service establishment for purposes of this chapter.
Full Breakdown
Texas gives cottage food producers broad statewide rights that no county can override. Under Health & Safety Code 437.0191, 'A cottage food production operation is not a food service establishment for purposes of this chapter,' so it is not subject to health-department permitting or routine inspection. A cottage food producer must have annual gross income of $50,000 or less from these sales and may make non-time/temperature-controlled foods such as baked goods, candy, canned jams and jellies, dried herbs, roasted coffee, pickled and fermented products, and more. Galveston's development code lists cottage food production as permitted in every zoning district under state law. Proper labeling and, for some foods, a food-handler course are required.
Violations & Fines
Selling prohibited (potentially hazardous) foods, exceeding the income cap, or mislabeling can trigger state enforcement and loss of cottage-food status; local health districts handle complaints.
Frequently Asked Questions
Do I need a permit to sell homemade food in Galveston County?
What can I sell as cottage food?
Sources & Official References
Other rules in Galveston County
Texas rules heatmap·Compare Galveston County to another location·View the Texas home business overview
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