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County · Seat: Wichita Falls · Last verified

Cottage food laws in Wichita County, TX

Can I sell cottage food from home in Wichita 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 Wichita County health department before you sell.

Wichita County is a county in Texas (pop. 129,584). 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 Wichita County health and planning requirements. Local notes for Wichita County: home kitchen allowed; inspection not required; home occupation permit not required. State baseline (TX) confirmed. Wichita County includes Wichita Falls (mid-sized Texas city near Oklahoma border). County follows state baseline. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.

Free downloads

Wichita County cottage food reports

Cover of Wichita County county cottage food report
Wichita County county report

Zoning, permits, health department rules, and local sources for Wichita 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.

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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 Wichita County

State baseline: Tex. Health & Safety §437.001 et seq.

Home kitchen
Home kitchen allowed
Yes
Restrictions
Annual gross income capped at $150,000 (SB 541, 2025). No registration, permit, or inspection required. Health departments cannot routinely inspect cottage food operations.
Separate dedicated kitchen
No
Pet restrictions
Not prohibited by state law; kitchen sanitation required.
Water supply
Potable water required.
Handwashing
Required per general food safety good practices.
Food storage
Non-TCS foods only; stored in sealed food-safe containers.
Inspection & permitting
Inspection required
No
Inspection trigger
Health authorities may act only to prevent immediate and serious threat to human life or health.
Home occupation permit
Varies
Permit details
Wichita County (unincorporated areas) zoning may have home occupation provisions. City of Wichita Falls has its own ordinances. Texas state law strongly preempts local health regulations but local zoning may still apply.
Local business license
Varies
Customer-facing
On-site customer pickup
Yes
On-site signage
Conditional
Delivery / pickup
Sales from home, farmers markets, online, and third-party delivery within Texas. Indirect retail/restaurant sales allowed with restrictions.
Max employees in home
Not specified.
Zoning code
Relevant code section
Wichita County, TX zoning ordinance (unincorporated areas).
Local notes

State baseline (TX) confirmed. Wichita County includes Wichita Falls (mid-sized Texas city near Oklahoma border). County follows state baseline.

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

Wichita County cottage food — FAQ

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

Home occupation permit: Varies. Wichita County (unincorporated areas) zoning may have home occupation provisions. City of Wichita Falls has its own ordinances. Texas state law strongly preempts local health regulations but local zoning may still apply. 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 Wichita County?

Inspection: No. Trigger: Health authorities may act only to prevent immediate and 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 Wichita 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 Wichita County?

Home occupation permit: Varies. Wichita County (unincorporated areas) zoning may have home occupation provisions. City of Wichita Falls has its own ordinances. Texas state law strongly preempts local health regulations but local zoning may still apply.

Quick comparison

Wichita County vs. bordering counties

RegulationWichita County
This county
Archer CountyBaylor County
Home kitchen allowedYes
Separate dedicated kitchenNo
Pets allowedNot prohibited by state law; kitchen sanitation required.
Inspection requiredNo
On-site customer pickupYes
On-site signageConditional
Delivery / pickupSales from home, farmers markets, online, and third-party delivery within Texas. Indirect retail/restaurant sales allowed with restrictions.
Home occupation permitVaries
Local business licenseVaries
RestrictionsAnnual gross income capped at $150,000 (SB 541, 2025). No registration, permit, or inspection required. Health departments cannot routinely…
Food storageNon-TCS foods only; stored in sealed food-safe containers.
Population129,5848,6493,475
Nearby in Texas

Compare neighboring counties

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Important

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.

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