Selling at and running markets in Texas.
In Texas, market vendors selling taxable items need a free Sales and Use Tax Permit from the Comptroller, and organizers answer for tax on unpermitted vendors. The Department of State Health Services permits food booths only where no city, county or health district has jurisdiction. Texas has no general state business license.
Updated
Sales tax.
Texas Sales and Use Tax Permit
Texas treats market sellers as engaged in business in the state, so they need a sales tax permit even for a temporary booth unless an exemption such as the occasional-sales exemption applies. Apply through the Comptroller's online registration, by mail or at a field office.
- Who
- Vendors
- From
- Texas Comptroller of Public Accounts
- When
- Sellers at a fair, festival, market or show who sell taxable items or services, take orders, or use the event to promote sales, including sellers from outside Texas
- Fee
- There is no fee to apply for a permit
Event promoter sales tax responsibility
Promoters are treated as sellers too and must collect and remit tax on their own sales and on sales by people at the event who have no active permit and no exemption. Checking vendors' permits is how an organizer avoids that exposure.
- Who
- Organizer
- From
- Texas Comptroller of Public Accounts
- When
- Organizers of fairs, festivals, markets and shows where sellers lack an active Texas permit
Selling homemade food (cottage food).
At a glance: no registration or permit, sales up to $150,000 a year. Compare all 50 states.
Texas Cottage Food Production Operations
Cottage food operators do not need a food establishment permit or inspection, and local health entities may not require a license or fee for selling directly to consumers. Registration with DSHS is required for operators selling time and temperature control foods and for cottage food vendors who resell others' products. The operator must complete an accredited food handler course, and products must be packaged and labeled, including the private-residence disclosure. The annual gross income threshold is $150,000. Meat, poultry, seafood, ice products, low-acid canned goods, cannabis products and raw milk are excluded.
- Who
- Vendors
- From
- Texas Department of State Health Services
- When
- Individuals or nonprofits selling home-produced foods directly to consumers, including at farmers markets and events
Temporary food permits.
Temporary Food Establishment Permit (DSHS jurisdiction)
A single-event permit covers one booth at one event for up to 14 consecutive days; a multiple-event permit covers one booth at multiple events for 2 years. DSHS says that if the event is in an area permitted and inspected by a city, county or public health district, the vendor must contact that agency for permitting.
- Who
- Vendors
- From
- Texas Department of State Health Services, or the local city, county or public health district where one has jurisdiction
- When
- Food booths at events lasting no more than 14 consecutive days. DSHS issues the permit only in areas not permitted and inspected by a city, county or public health district; otherwise contact that local agency.
- Fee
- Single event permits are $52, and the fee for a multiple event permit is $200
- Timing
- Permit Applications must be received by the Department at least 30 days prior to the event
Farmers markets and produce.
Texas farmers market rules (25 TAC 229.701-704)
A farmers market must include at least two farmers, and farmers and food producers must be the majority of vendors over the year. In DSHS-jurisdiction areas, whole uncut produce, pre-packaged non-hazardous foods and cottage foods do not need a temporary food permit, but other time/temperature control foods do; markets under a local health department follow that department's rules. The Texas Department of Agriculture separately lists Certified Farmers Markets.
- Who
- Organizer and vendors
- From
- Texas Department of State Health Services
- When
- Recurring markets where most vendors are farmers or other food producers selling directly to consumers
Business registration.
No general state business license
The state's start-a-business guide says a general business license is not required in Texas, but specific activities may need licenses, permits or registrations at the federal, state or local level. Sole proprietors using a business name file an assumed name with the county clerk.
- Who
- Organizer and vendors
- From
- Office of the Texas Governor (Texas Economic Development and Tourism)
- When
- Anyone starting a business in Texas
Other state rules.
TABC temporary event authorizations for alcohol
Licensed retailers and wineries must submit a Temporary Event Approval form for events that do not qualify for the simpler notification process, and wait for approval before selling. Each approval covers up to four consecutive days.
- Who
- Organizer and vendors
- From
- Texas Alcoholic Beverage Commission
- When
- Licensed on-premises retailers and wineries serving alcohol at a temporary event location, and nonprofits without a TABC license
- Fee
- There is no filing fee if you submit the TEA form to TABC at least 10 business days before the start date of the event
- Timing
- Submit the TEA form at least 10 business days before the event starts
What the state asks of market organizers.
Under Texas Comptroller guidance, an event promoter must collect and remit sales tax on sales by vendors who lack an active Texas sales tax permit, unless those sales are exempt. For vendors claiming the occasional-sales exemption, the promoter needs a letter from the seller and both must keep records for four years. Official page
City and county permits in Texas.
Event permits, vendor licenses and food permits are mostly local. Pick your city or county:
Collect the paperwork with each application.
Ask vendors for their sales tax registration, cottage food registration or food permit and insurance certificate as required documents on your application form, and check them before you approve anyone.
Where the sources are unclear.
- The Texas Department of Agriculture's Certified Farmers Markets page lists certified markets and an application link but does not state the certification criteria on that page, so none are stated here.
- Texas Comptroller's event page describes the standard Sales and Use Tax Permit and does not describe a separate temporary permit for one-off events; confirm with the Comptroller.
- Cottage food rules changed under SB 541 (local compliance from September 1, 2025); confirm current registration steps with DSHS at foodestablishments@dshs.texas.gov. Local cities and counties still permit temporary food booths in their own jurisdictions, with their own fees (for example Houston's differ from DSHS's).
Common questions.
Do I need a sales tax permit to sell at a craft fair in Texas?
Texas Sales and Use Tax Permit (Texas Comptroller of Public Accounts): Texas treats market sellers as engaged in business in the state, so they need a sales tax permit even for a temporary booth unless an exemption such as the occasional-sales exemption applies. Apply through the Comptroller's online registration, by mail or at a field office. Event promoter sales tax responsibility (Texas Comptroller of Public Accounts): Promoters are treated as sellers too and must collect and remit tax on their own sales and on sales by people at the event who have no active permit and no exemption. Checking vendors' permits is how an organizer avoids that exposure.
Can I sell homemade food at a farmers market in Texas?
Texas Cottage Food Production Operations (Texas Department of State Health Services): Cottage food operators do not need a food establishment permit or inspection, and local health entities may not require a license or fee for selling directly to consumers. Registration with DSHS is required for operators selling time and temperature control foods and for cottage food vendors who resell others' products. The operator must complete an accredited food handler course, and products must be packaged and labeled, including the private-residence disclosure. The annual gross income threshold is $150,000. Meat, poultry, seafood, ice products, low-acid canned goods, cannabis products and raw milk are excluded.
Who issues temporary food permits for events in Texas?
Temporary Food Establishment Permit (DSHS jurisdiction) (Texas Department of State Health Services, or the local city, county or public health district where one has jurisdiction): A single-event permit covers one booth at one event for up to 14 consecutive days; a multiple-event permit covers one booth at multiple events for 2 years. DSHS says that if the event is in an area permitted and inspected by a city, county or public health district, the vendor must contact that agency for permitting.
What does Texas require of market and event organizers?
Under Texas Comptroller guidance, an event promoter must collect and remit sales tax on sales by vendors who lack an active Texas sales tax permit, unless those sales are exempt. For vendors claiming the occasional-sales exemption, the promoter needs a letter from the seller and both must keep records for four years.
Do I need a state business license to be a vendor in Texas?
No general state business license (Office of the Texas Governor (Texas Economic Development and Tourism)): The state's start-a-business guide says a general business license is not required in Texas, but specific activities may need licenses, permits or registrations at the federal, state or local level. Sole proprietors using a business name file an assumed name with the county clerk.
Sources.
This page summarizes official state sources and isn't legal or tax advice. Rules and fees change; confirm with each agency.
Every fact on this page comes from these official pages, checked on 2026-10-11. Details change; tell us at hello@bzar.app if something here is out of date.
- https://comptroller.texas.gov/taxes/publications/96-211.php
- https://comptroller.texas.gov/taxes/permit/
- https://www.dshs.texas.gov/retail-food-establishments/permits-retail-food-establishments/texas-cottage-food-production
- https://www.dshs.texas.gov/retail-food-establishments/permits-retail-food-establishments
- https://www.dshs.texas.gov/sites/default/files/foodestablishments/Applications/Temporary/Temporary-checklist.pdf
- https://www.dshs.texas.gov/retail-food-establishments/texas-farmers-market
- https://texasagriculture.gov/Grants-Services/Certified-Farmers-Markets
- https://gov.texas.gov/business/page/start-a-business
- https://www.sos.state.tx.us/corp/namefilingsfaqs.shtml
- https://www.tabc.texas.gov/services/tabc-licenses-permits/temporary-event-authorizations/
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