Frequently Asked Questions (FAQs)
Under the Texas Cottage Food Law (SB 541), you may qualify if you prepare certain foods in your home kitchen and sell them directly to customers in Texas. A local food permit is not required, but you must complete an approved food handler training course. Beginning September 1, 2025, those selling refrigerated time and temperature control for safety (TCS) foods must register with the Texas Department of State Health Services. Products must be properly labeled with the business name, address or state registration number, product name, allergen information, and required disclosure statement.
Examples of foods allowed under Texas Cottage Food Law:
- Baked goods like cookies, cakes, muffins, and bread (no cream or meat fillings)
- Jams, jellies, and preserves
- Candies, fudge, and other sweets
- Honey and syrups
- Dry herbs, spices, and seasoning mixes
- Popcorn, granola, and trail mixes
If you have any questions or concerns about the products you sell, please contact the Health Division at 956-388-1846.
*For more information on the Texas Cottage Law, use the link provided in the Quick Links section.
To submit a Health Permit, follow these steps:
- If you are opening a new development, you must first speak with the Health Inspector Supervisor, who will advise you whether you need approval from the Planning and Zoning Department, the Building Safety Department, or both before proceeding with your Health Permit application.
- After going through the required departments and once all inspections are completed and approved by Building Safety, request a Certificate of Occupancy (CO).
- Submit your CO along with a Health Permit application either in person or by mail with payment. A Health Inspector will conduct a random inspection, and if approved, a Health Certificate will be issued, valid for one year.
To apply for a temporary event permit, you must submit your application in person. You will need to provide a flyer or description of the event (such as a market or festival), or a contract from Parks and Recreation if applicable, including city-sponsored events. Each person handling food must have a valid food handler certificate. Once approved, a temporary permit will be issued for the event.
What Vendors Need to Know
- DSHS Licensing Categories: Vendors will be classified into Type I (low-risk/non-TCS), Type II (limited prep/coffee/snow cones), or Type III (full prep/cooking like taco or BBQ trucks).
- Existing License Holders: If you hold a current local health license, you may continue operating during the transition once you submit your DSHS application, pay required state fees, and keep your application summary inside your vehicle.
- New Vendors: If you do not have an existing local license, you cannot operate until DSHS completes a pre-licensing inspection.
Inquire for Local Requirements & Case-by-Case Review
Because individual permitting needs depend on your current license status and food truck setup, please contact the Health Division directly to setup an appointment:
- Phone: (956) 388-1846
- Visit Us: 415 W University Dr, Edinburg, TX 78539 (Monday – Friday, 8:00 a.m. – 5:00 p.m.)
You can apply online through the City of Edinburg Self-Service Portal or in person.
To avoid processing delays, please ensure all required documents are fully submitted with your application. You will need:
- A flyer or description of the event (such as a market or festival)
- A Vendor Acceptance Letter
- A valid food handler certificate for each person handling food
No. You do not need to wait for a health inspector to begin setting up. Inspections may occur during setup or operation based on event logistics and risk, so you must remain inspection-ready at all times. Setting up does not authorize food service; you must receive Health Division authorization before operating.
No. Submitting an application or paying a fee does not authorize you to operate. You must receive approval from the Health Division before beginning food service.
No. You must also obtain written authorization from the event organizer, property owner, or authorized representative. A health permit approves the food operation, not your participation in an event or use of a property.
Submit your complete application at least one week before the event. Late or incomplete applications may not be approved in time.
Your booth must comply with all applicable health, safety, and sanitation requirements throughout setup and operation. Before food preparation or service begins, handwashing facilities must be operational, food must be protected and maintained at safe temperatures, and cleaning and sanitizing supplies must be available.
No. Your handwashing station must be fully stocked and operational before food preparation begins. Provide potable water, liquid soap, single-use paper towels, a wastewater collection container, and a garbage container.
Do not prepare or store food at a private residence unless specifically allowed by applicable law and approved by the Health Division. Identify your food sources and any off-site preparation or storage locations in your application.
Keep cold food at 41°F or below and hot food at 135°F or above. Have an appropriate food thermometer available and check temperatures throughout the event.
Report changes to your menu, equipment, food sources, location, dates, or operating methods to the Health Division before making them. Changes may require additional review or approval.
Collect wastewater and dispose of it using an approved method. Do not pour it onto the ground or into a storm drain.
You must correct violations as directed. Depending on the risk, the inspector may require correction before an activity begins or continues, restrict food service, require unsafe food to be discarded, or stop the operation.
Yes. Once issued, display your permit as instructed. Keep required food-handler documentation and food-source records available for inspection.
Contact the City of Edinburg Health Division before the application deadline for questions about required documents, food preparation, equipment, or your event setup.