Upshur County cottage food law.
Upshur County is a county in Texas (pop. 41,261). Texas's Great-tier law gives home bakers a high or unlimited sales cap and multiple sales channels; Upshur 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. Upshur County is a rural Northeast Texas county (county seat Gilmer) between Tyler and Texarkana. No county zoning authority outside incorporated municipalities. Defaulted to state baseline. Use the links below to check current requirements before you bake.
Upshur County cottage food reports
Zoning, permits, health department rules, and local sources for Upshur 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 Upshur County
State baseline: Tex. Health & Safety §437.001 et seq.
- Home kitchen allowed
- Yes
- Restrictions
- Texas cottage food law (SB 541, effective Sept 1 2025) allows sale of nearly all non-TCS foods plus TCS foods directly to consumers. Annual gross income cap $150,000 (CPI-indexed). No permit, license, or inspection fee may be required by any local or county authority. Upshur County is a rural Northeast Texas county with no county zoning code; state law governs.
- Separate dedicated kitchen
- No
- Pet restrictions
- No specific pet restriction in state cottage food law.
- Water supply
- No specific state cottage food water testing requirement.
- Handwashing
- No specific state cottage food handwashing mandate beyond food safety education requirement.
- Food storage
- Non-TCS foods unrestricted; TCS foods must be held at proper temperatures (≤41°F or ≥135°F).
- Inspection required
- No
- Inspection trigger
- No routine inspection. DSHS or local health authority may act only to prevent an immediate and serious threat to human life or health.
- Home occupation permit
- No
- Permit details
- Texas law explicitly prohibits local health departments and county governments from requiring cottage food producers to obtain any license, permit, or pay any fee. Upshur County has no county zoning ordinance for unincorporated areas.
- Local business license
- No
- On-site customer pickup
- Yes
- On-site signage
- Yes
- Delivery / pickup
- Direct-to-consumer sales anywhere in Texas including home pickup, farmers markets, events, and online (with personal delivery). Non-TCS foods may be sold wholesale through registered cottage food vendors. No interstate shipping.
- Max employees in home
- Not specified in state statute.
- Relevant code section
- No county zoning ordinance identified for unincorporated Upshur County. State law preempts local cottage food regulation.
Upshur County is a rural Northeast Texas county (county seat Gilmer) between Tyler and Texarkana. No county zoning authority outside incorporated municipalities. Defaulted to 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 →
Upshur County cottage food — FAQ
Is a home kitchen allowed for cottage food in Upshur County, Texas?
According to our research: home kitchen is allowed. Restrictions: Texas cottage food law (SB 541, effective Sept 1 2025) allows sale of nearly all non-TCS foods plus TCS foods directly to consumers. Annual gross income cap $150,000 (CPI-indexed). No permit, license, or inspection fee may be required by any local or county authority. Upshur County is a rural Northeast Texas county with no county zoning code; state law governs.
Is a health inspection required for home bakers in Upshur County?
Inspection: No. Trigger: No routine inspection. DSHS or local health authority may act only to prevent an immediate and serious threat to human life or health..
Do I need a home occupation permit in Upshur County?
Home occupation permit: No. Texas law explicitly prohibits local health departments and county governments from requiring cottage food producers to obtain any license, permit, or pay any fee. Upshur County has no county zoning ordinance for unincorporated areas.
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 Upshur County rules
Compare neighboring counties
Other Texas counties
Upshur County vs. bordering counties
| Regulation | Upshur County This county | Camp County | Marion County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No specific pet restriction in state cottage food law. | 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 | Yes | Yes | Conditional |
| Delivery / pickup | Direct-to-consumer sales anywhere in Texas including home pickup, farmers markets, events, and online (with personal delivery). Non-TCS foo… | 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 | Varies |
| Local business license | No | Varies | Varies |
| Restrictions | Texas cottage food law (SB 541, effective Sept 1 2025) allows sale of nearly all non-TCS foods plus TCS foods directly to consumers. Annual… | 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 | Non-TCS foods unrestricted; TCS foods must be held at proper temperatures (≤41°F or ≥135°F). | 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 | 41,261 | 12,543 | 10,200 |
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.