McMullen County cottage food law.
McMullen County is a county in Texas (pop. 670). Texas's Great-tier law gives home bakers a high or unlimited sales cap and multiple sales channels; McMullen County adds its own permit, inspection, and zoning requirements on top. County research shows: home kitchen allowed, inspection not required, home occupation permit not required. One of the least-populated counties in Texas. State baseline governs. Texas has strong preemption of local health rules for cottage food. No McMullen County-specific cottage food code identified. Texas SB 541 (2025) raised cap to $150,000. Use the links below to check current requirements before you bake.
McMullen County cottage food reports
Zoning, permits, health department rules, and local sources for McMullen County.
County PDFTier: Great
Texas's cottage food law is permissive (Great tier) — high or no sales cap, broad product list, and multiple sales channels allowed. The state baseline is workable for full-time operations; the county still controls zoning and inspection.
View state law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for McMullen County
State baseline: Tex. Health & Safety §437.001 et seq.
- Home kitchen allowed
- Yes
- Restrictions
- Texas allows cottage food from residential home kitchens. No registration, permit, or inspection required. Annual gross income cap of $150,000 (raised by SB 541, 2025). Health departments have no authority to inspect cottage food operations. Strong state preemption — local governments cannot add licensing or inspection requirements.
- Separate dedicated kitchen
- No
- Pet restrictions
- No specific state restriction on pets in home for cottage food operations.
- Water supply
- No specific requirement under Texas cottage food law.
- Handwashing
- Good manufacturing practices apply; adequate handwashing expected.
- Food storage
- All products must be shelf-stable, non-TCS. Proper storage to prevent contamination required.
- Inspection required
- No
- Inspection trigger
- DSHS or local health authority may only act to prevent an immediate and serious threat to human life or health.
- Home occupation permit
- No
- Permit details
- McMullen County is one of the least-populated counties in Texas. No county-level zoning ordinance identified. Texas cottage food law preempts local health regulations. No home occupation permit required at county level.
- Local business license
- No
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Sales allowed direct-to-consumer, at farmers markets, online (statewide), fairs, roadside stands. SB 541 (2025) also allows sales through nonprofit organizations. No wholesale to retailers.
- Max employees in home
- Not restricted by state cottage food law; local zoning may apply.
- Relevant code section
- Tex. Health & Safety Code §437.001 et seq.
One of the least-populated counties in Texas. State baseline governs. Texas has strong preemption of local health rules for cottage food. No McMullen County-specific cottage food code identified. Texas SB 541 (2025) raised cap to $150,000.
Texas Health and Safety Code, Chapter 437 – Regulation of Certain Foods, Subchapter A – Cottage Food Production Operations
Full Texas state report (with PDF download) →Verbatim excerpt(2-b) "Cottage food production operation" means an individual, operating out of the individual's home, or a nonprofit organization that: (A) produces at the individual's home or the home of an individual who is a director or officer of the nonprofit organization, as applicable, any food other than: (i) meat, meat products, poultry, or poultry products; (ii) seafood, including seafood products, fish, fish products, shellfish, and shellfish products; (iii) ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato; (iv) low-acid canned goods; (v) products containing cannabidiol or tetrahydrocannabinol; or (vi) raw milk and raw milk products; (B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A), as the department annually adjusts for inflation using the Consumer Price Index for All Urban Consumers (CPI-U); (C) sells the foods produced under Paragraph (A) directly to consumers or to a cottage food vendor; and (D) delivers products to the consumer or cottage food vendor at the point of sale or another location designated by the consumer or cottage food vendor.
Source: capitol.texas.gov/tlodocs/89R/billtext/html/SB00541F.htm →
McMullen County cottage food — FAQ
Is a home kitchen allowed for cottage food in McMullen County, Texas?
According to our research: home kitchen is allowed. Restrictions: Texas allows cottage food from residential home kitchens. No registration, permit, or inspection required. Annual gross income cap of $150,000 (raised by SB 541, 2025). Health departments have no authority to inspect cottage food operations. Strong state preemption — local governments cannot add licensing or inspection requirements.
Is a health inspection required for home bakers in McMullen County?
Inspection: No. Trigger: DSHS or local health authority may only act to prevent an immediate and serious threat to human life or health..
Do I need a home occupation permit in McMullen County?
Home occupation permit: No. McMullen County is one of the least-populated counties in Texas. No county-level zoning ordinance identified. Texas cottage food law preempts local health regulations. No home occupation permit required at county level.
What is the Texas cottage food sales cap?
Texas state law caps cottage food sales at 150000. County rules may add permits or zoning limits on top.
Where to verify McMullen County rules
Compare neighboring counties
Other Texas counties
McMullen County vs. bordering counties
| Regulation | McMullen County This county | Duval County | La Salle County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No specific state restriction on pets in home for cottage food operations. | No specific pet restriction in state cottage food law. | No specific state restriction on pets in home for cottage food operations. |
| Inspection required | No | No | No |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Yes | Conditional |
| Delivery / pickup | Sales allowed direct-to-consumer, at farmers markets, online (statewide), fairs, roadside stands. SB 541 (2025) also allows sales through n… | All channels permitted including direct to consumer, indirect sales, farmers markets, online, delivery, and through a registered cottage fo… | Sales allowed direct-to-consumer, at farmers markets, online (statewide), fairs, roadside stands. SB 541 (2025) also allows sales through n… |
| Home occupation permit | No | Varies | No |
| Local business license | No | Varies | No |
| Restrictions | Texas allows cottage food from residential home kitchens. No registration, permit, or inspection required. Annual gross income cap of $150,… | Texas cottage food law (SB 541, 2025) is highly permissive. No registration required for most operators (registration optional for address … | Texas allows cottage food from residential home kitchens. No registration, permit, or inspection required. Annual gross income cap of $150,… |
| Food storage | All products must be shelf-stable, non-TCS. Proper storage to prevent contamination required. | Non-TCS foods or TCS foods held at proper temperatures required. No refrigeration mandate for shelf-stable products. | All products must be shelf-stable, non-TCS. Proper storage to prevent contamination required. |
| Population | 800 | 9,960 | 7,000 |
Cottage food law and municipal zoning interact in non-obvious ways. Before investing in equipment or marketing, talk to Texas's department of agriculture, your local health department, and your county or city's planning office. Crosodo is a clothing brand for cottage bakers, not a law firm.