Home Bakery (Cottage Food) Permit Requirements in San Antonio, TX
Complete permit and license guide for starting a home bakery (cottage food) in San Antonio, Bexar County, Texas.
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 stopEIN (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 sourceFreeImmediate (online)
Free
Immediate (online)
State of Texas
4 stopsTexas 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. San Antonio and Bexar County cannot require a permit, fee, or zoning restriction solely for home-based cottage food. Annual gross sales cap is $150,000.
Official government sourceFree (no permit needed)N/A
Free (no permit needed)
N/A
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
$7-$15
2-4 hours online
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 sourceNo fee published by DSHS as of Aug 2026; statute sets no fee - confirm in the DSHS Online Licensing Registry when registering1-2 weeks
No fee published by DSHS as of Aug 2026; statute sets no fee - confirm in the DSHS Online Licensing Registry when registering
1-2 weeks
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 sourceFreeImmediate (online)
Free
Immediate (online)
City of San Antonio / Bexar County
1 stopBexar County Assumed Name (DBA) Certificate
If operating under a business name other than your legal name, file an Assumed Name Certificate with the Bexar County Clerk at the Paul Elizondo Tower, 101 W. Nueva, Suite 112. Under Texas law, local governments cannot require permits, licenses, or fees specifically for cottage food operations — this DBA filing is optional but recommended for opening a bank account and protecting your business name.
Official government source$13 (plus $0.50 per additional owner)Same day (in-person)
$13 (plus $0.50 per additional owner)
Same day (in-person)
Terminus
Open for business — est. $10–$100 · 1-2 days (mostly just completing food handler training)
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Official Sources
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