Cottage food laws in Midland County, TX
Midland County is a county in Texas (pop. 169,393). Under Texas's Great-tier cottage food law (sales cap: 150000), home bakers must still clear local zoning and health rules in this county. Registration path: No. Start with Texas Department of State Health Services (state cottage food page linked below), then confirm Midland County health and planning requirements. Local notes for Midland County: home kitchen allowed; inspection not required; home occupation permit not required. Midland County government website confirmed. Texas state cottage food law governs; no county-specific cottage food rules found beyond state baseline. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Midland County cottage food reports
Zoning, permits, health department rules, and local sources for Midland County.
Download county PDF
Tier: 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 Midland County
State baseline: Tex. Health & Safety §437.001 et seq.
- Home kitchen allowed
- Yes
- Restrictions
- Non-TCS foods only. Annual sales cap $150,000 (SB 541, 2025). No registration or inspection required. Health departments have no regulatory authority over cottage food operations.
- Separate dedicated kitchen
- No
- Pet restrictions
- No explicit state restriction; good manufacturing practices apply.
- Water supply
- Potable water supply required.
- Handwashing
- Adequate handwashing per food safety practices.
- Food storage
- Shelf-stable storage for non-TCS foods.
- Inspection required
- No
- Inspection trigger
- No routine inspections. Health authority may act only upon immediate and serious threat to human life.
- Home occupation permit
- Conditional
- Permit details
- Texas state law prohibits health department regulation. Midland County unincorporated areas may require home occupation permit under county zoning. County government website confirmed at co.midland.tx.us.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Online, in-state delivery, and direct sales from home and farmers markets permitted. No interstate sales.
- Max employees in home
- No state restriction specified.
- Relevant code section
- Tex. Health & Safety §437.001 et seq.; Midland County zoning ordinances.
Midland County government website confirmed. Texas state cottage food law governs; no county-specific cottage food rules found beyond state baseline.
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 →
Midland County cottage food — FAQ
Do I need a permit to sell cottage food in Midland County, Texas?
Home occupation permit: Conditional. Texas state law prohibits health department regulation. Midland County unincorporated areas may require home occupation permit under county zoning. County government website confirmed at co.midland.tx.us. State cottage food registration may also apply — check the Texas guide at https://crosodo.com/states/texas.
Is a health inspection required for home bakers in Midland County?
Inspection: No. Trigger: No routine inspections. Health authority may act only upon immediate and serious threat to human life.. Non-TCS baked goods are often exempt from kitchen inspection under state cottage food law, but local rules can differ.
What foods can I sell under Texas cottage food law in Midland County?
Almost all non-TCS (non-temperature-controlled) foods are allowed, including baked goods, candy, jams and jellies, pickles, dried herbs and spices, roasted coffee, granola, vinegar, acidified foods, fermented vegetable products, dried meats, and any food that is not a time-and-temperature control for safety food. Nonprofits may also operate under the cottage food framework as of SB 541 (2025). County zoning does not expand the state product list — if a food is banned by Texas, it stays banned. Verify with the state agency before selling.
What is the sales cap for cottage food in Texas?
Texas state law lists cottage food sales at 150000. There is typically no separate county sales cap, but local permits or zoning can still limit operations.
Do I need a home occupation permit in Midland County?
Home occupation permit: Conditional. Texas state law prohibits health department regulation. Midland County unincorporated areas may require home occupation permit under county zoning. County government website confirmed at co.midland.tx.us.
Where to verify Midland County rules
Midland County vs. bordering counties
| Regulation | Midland County This county | Ector County | Andrews County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | — |
| Separate dedicated kitchen | No | No | — |
| Pets allowed | No explicit state restriction; good manufacturing practices apply. | No specific state restriction on pets in home for cottage food operations. | — |
| Inspection required | No | No | — |
| On-site customer pickup | Yes | Yes | — |
| On-site signage | Conditional | Conditional | — |
| Delivery / pickup | Online, in-state delivery, and direct sales from home and farmers markets permitted. No interstate sales. | Sales allowed direct-to-consumer, at farmers markets, online (statewide), fairs, roadside stands. SB 541 (2025) also allows sales through n… | — |
| Home occupation permit | Conditional | Varies | — |
| Local business license | Varies | Varies | — |
| Restrictions | Non-TCS foods only. Annual sales cap $150,000 (SB 541, 2025). No registration or inspection required. Health departments have no regulatory… | Texas allows cottage food from residential home kitchens. No registration, permit, or inspection required. Annual gross income cap of $150,… | — |
| Food storage | Shelf-stable storage for non-TCS foods. | All products must be shelf-stable, non-TCS. Proper storage to prevent contamination required. | — |
| Population | 169,393 | 162,300 | 18,362 |
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