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County · Seat: Amarillo · Last verified

Cottage food laws in Potter County, TX

Can I sell cottage food from home in Potter County, Texas?
Yes — Texas allows cottage food sales under a Great-tier law (cap: 150000). Locally: home kitchens are allowed; no health inspection required. Last verified May 5, 2026. Confirm with Texas Department of State Health Services and the Potter County health department before you sell.

Potter County is a county in Texas (pop. 117,905). 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 Potter County health and planning requirements. Local notes for Potter County: home kitchen allowed; inspection not required; home occupation permit not required. State baseline applied (TX tier Great). Potter County seat is Amarillo (shared with Randall County). No county-specific URLs provided. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.

Free downloads

Potter County cottage food reports

Cover of Potter County county cottage food report
Potter County county report

Zoning, permits, health department rules, and local sources for Potter County.

Download county PDF
Cover of Texas cottage food law PDF report
Texas state report

Full statute, all counties in Texas, and official source links.

Download state PDF
State law applies

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 →
County registration

Health department

Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.

Local zoning

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.

County rules

Home kitchen, inspection, and zoning rules for Potter County

State baseline: Tex. Health & Safety §437.001 et seq.; $150,000 annual sales cap (2025); no registration; no inspection; direct and limited indirect sales; state preempts local health inspections

Home kitchen
Home kitchen allowed
Yes
Restrictions
Texas state law allows cottage food production from a home kitchen. Health departments cannot inspect cottage food operations. Potter County follows state baseline. Note: Amarillo is split between Potter County and Randall County.
Separate dedicated kitchen
No
Pet restrictions
No specific Texas state requirement; standard food safety practices recommended.
Water supply
Potable water required per state food safety standards.
Handwashing
Standard food safety practices; no mandatory training or certification.
Food storage
Shelf-stable non-TCS products stored per food safety standards.
Inspection & permitting
Inspection required
No
Inspection trigger
Texas law prohibits health departments from inspecting cottage food operations except to prevent immediate/serious threat to human life or health.
Home occupation permit
Varies
Permit details
Potter County unincorporated areas and Amarillo city may have home occupation permit requirements. Texas state law requires compliance with home-based business rules under §559.955. No specific county-level details found.
Local business license
Varies
Customer-facing
On-site customer pickup
Yes
On-site signage
Conditional
Delivery / pickup
Texas allows direct sales and limited indirect sales. Online/delivery allowed. $150,000 annual cap.
Max employees in home
No specific state limit; local home occupation rules may apply.
Zoning code
Relevant code section
Tex. Health & Safety §437.001 et seq.
Local notes

State baseline applied (TX tier Great). Potter County seat is Amarillo (shared with Randall County). No county-specific URLs provided.

Texas statute (state law)

Texas Health and Safety Code, Chapter 437 – Regulation of Certain Foods, Subchapter A – Cottage Food Production Operations

Citation: Tex. Health & Safety §437.001 et seq.
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
Full Texas state report (with PDF download) →
Common questions

Potter County cottage food — FAQ

Do I need a permit to sell cottage food in Potter County, Texas?

Home occupation permit: Varies. Potter County unincorporated areas and Amarillo city may have home occupation permit requirements. Texas state law requires compliance with home-based business rules under §559.955. No specific county-level details found. 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 Potter County?

Inspection: No. Trigger: Texas law prohibits health departments from inspecting cottage food operations except to prevent immediate/serious threat to human life or health.. 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 Potter 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 Potter County?

Home occupation permit: Varies. Potter County unincorporated areas and Amarillo city may have home occupation permit requirements. Texas state law requires compliance with home-based business rules under §559.955. No specific county-level details found.

Quick comparison

Potter County vs. bordering counties

RegulationPotter County
This county
Randall CountyArmstrong County
Home kitchen allowedYesYes
Separate dedicated kitchenNoNo
Pets allowedNo specific Texas state requirement; standard food safety practices recommended.Not prohibited by state law; kitchen sanitation required.
Inspection requiredNoNo
On-site customer pickupYesYes
On-site signageConditionalConditional
Delivery / pickupTexas allows direct sales and limited indirect sales. Online/delivery allowed. $150,000 annual cap.Sales permitted from home, farmers markets, online, and third-party delivery within Texas. Indirect retail/restaurant sales allowed with re…
Home occupation permitVariesVaries
Local business licenseVariesVaries
RestrictionsTexas state law allows cottage food production from a home kitchen. Health departments cannot inspect cottage food operations. Potter Count…Annual gross income capped at $150,000 (SB 541, 2025). No registration, permit, or inspection required before operations. Health department…
Food storageShelf-stable non-TCS products stored per food safety standards.Non-TCS foods only. Stored in sealed, food-safe containers.
Population117,905141,4891,912
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Important

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