Home Bakery (Cottage Food) Permit Requirements in El Paso, TX

Complete permit and license guide for starting a home bakery (cottage food) in El Paso, El Paso County, Texas.

Verified 2026-08-27 6 stops $10–$100 est. 1-2 days (mostly just completing food handler training)
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Not legal advice. Requirements may change — always verify with your local government authority before applying. Key agencies and fees on this page were re-checked against official government sources on .

Federal — start here

1 stop

  1. EIN (Employer Identification Number)

    Free from the IRS — apply online and receive your EIN immediately upon approval; the IRS never charges for an EIN (avoid third-party sites that do). Federally required if you hire employees or operate as a corporation or partnership (including a multi-member LLC); a single-member LLC with no employees and no excise-tax liability may use the owner's SSN instead, though most banks ask for an EIN to open a business bank account.

    Official government source

    FreeImmediate (online)

State of Texas

4 stops

  1. Texas Cottage Food Operation (No Permit Required)

    Under Texas Health and Safety Code §437 (as amended by SB 541, effective September 1, 2025), no state or local permit, license, inspection, or fee is required to sell non-TCS cottage foods directly to consumers. El Paso cannot impose local health permits or fees solely for cottage food operations. Annual gross sales cap is $150,000.

    Official government source

    Free (no permit needed)N/A

  2. Texas Food Handler Card

    Required for all cottage food operators. Must complete a DSHS-accredited food handler training course and keep the certificate on file. Available online from multiple providers.

    Official government source

    $7-$152-4 hours online

  3. DSHS Registration (for TCS Foods only)

    If you sell time/temperature control for safety (TCS) foods — such as cheesecakes, cream pies, or custard-filled pastries — you must register with DSHS. Effective September 1, 2025. Registration is free and requires date-of-production labeling and safe-handling instructions on packaging.

    Official government source

    No fee published by DSHS as of Aug 2026; statute sets no fee - confirm in the DSHS Online Licensing Registry when registering1-2 weeks

  4. Texas Sales Tax Permit

    Required if selling taxable items. Most baked goods sold for off-premise consumption may be exempt; goods sold for immediate consumption are taxable. Consult the Texas Comptroller for your specific situation.

    Official government source

    FreeImmediate (online)

City of El Paso / El Paso County

1 stop

  1. El Paso City-Issued Business License (Optional for Cottage Food)

    The City of El Paso cannot require a permit, license, or fee solely because you are a cottage food operator under Texas law. However, if you choose to register a business for other purposes (e.g., a home occupation requiring zoning clearance), you can apply through the City of El Paso Planning and Inspections Department. Verify your residential zoning allows home-based businesses before starting.

    Official government source

    Free to verify zoning; business license fee varies if voluntarily registeredN/A for cottage food; 1-2 weeks if voluntarily registering

Terminus

Open for business — est. $10–$100 · 1-2 days (mostly just completing food handler training)

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