Bee, Honey & Small-Farm Laws

Laws for Texas beekeepers and small producers: bees and honey, plus cottage food, sales tax, DBA, pesticides, ag appraisal and local ordinances. Not legal advice.

Jurisdiction: Pearland, Brazoria County, Texas (hobby keepers). Page reviewed: .

This page is a research digest of publicly posted statutes, rules and municipal materials. It is not legal advice, not an ordinance, and not a substitute for reading the current law. Private deed restrictions and HOA covenants can limit hives even where public law is silent.

How each entry reads: a status badge (Pending, Watch, In effect, No local rule found, Guidance, Not law), the date it was last updated or reviewed, What it means for you in plain words, the details, and the source. Entries marked “Last reviewed 2026-09-08” were carried over from the September review without a fresh source check.

Hive count per acre? Jump to agricultural valuation (1-d-1) — a tax qualification, not a keeping ordinance.

Sections: Bees & Honey · Other laws (cottage food, sales tax, DBA, general ag & pesticide)

Bees & Honey

Pending / Watch List (as of Oct 2026)

None of these are law yet. Statuses checked against the linked sources on 2026-10-20.

Farm Bill: H.R. 7567 (House) / Agricultural Act of 2026 (Senate)

Pending Last updated

What it means for you: Nothing changes for a backyard keeper yet. If enacted with the House honey language, packers, importers and sellers making origin, grade or purity claims would need U.S.-lab testing, and a federal honey definition would follow within 180 days. Watch for a year-end vote.

  • Old law lapsed: the 2018 farm bill (P.L. 115-334) expired in 2023 and was extended three times; the last extension covered FY2026, which ended Sept. 30, 2026. Some programs lapse without new action.
  • House: H.R. 7567, the Farm, Food, and National Security Act of 2026, passed 224–200 on Apr. 30, 2026. It requires CBP, FDA and USDA to set a harmonized federal definition (standard) for honey within 180 days of enactment, and requires origin/grade/purity testing relied on by packers, importers, distributors or sellers to be done by a U.S. lab — a foreign certificate of analysis or foreign testing alone is not enough.
  • Senate: the Senate Agriculture Committee ordered the Agricultural Act of 2026 reported on Sept. 16, 2026; as of CRS’s Sept. 24 update, reported text, bill number and CBO score had not been released.
  • Next: Senate Ag leaders are pressing for a post-election (lame-duck) vote by year-end; no floor vote was scheduled as of October 2026. ABF tracks the honey, ELAP and research titles on its legislation page.

Source: CRS, Farm Bill Primer: Overview and Status (IF12047, updated Sept. 24, 2026); International Trade Today, “Honey Provisions Ride on Farm Bill” (Apr. 30, 2026); House Roll Call 154 (Apr. 30, 2026).

Honey Integrity Act — H.R. 2162 (Steube) / S. 1028

Pending Last updated

What it means for you: Not law. It would create a federal honey standard of identity, testing/certification, and tougher handling of adulterated imports, with small producers largely exempt from testing costs. Today’s labeling duties are still the FDA and Texas rules below.

  • H.R. 2162 introduced Mar. 14, 2025 and referred to House Energy & Commerce; committee hearing held Apr. 29, 2026. No committee or floor vote.
  • H.Res. 1411 (a rule to bring H.R. 2162 to the floor) was referred to the Rules Committee June 30, 2026; a discharge petition filed July 22, 2026 had 7 of the 218 signatures needed at last check.
  • ABF also advocates a federal standard of identity and clearer front-of-label country-of-origin labeling. That is advocacy, not a current packing rule.

Source: Congress.gov, H.R. 2162; S. 1028; H.Res. 1411 (GovInfo); House Clerk, Discharge Petition No. 26.

EPA neonicotinoid food-residue limits (NRDC petition settlement)

Pending Last updated

What it means for you: Nothing is banned yet. EPA has agreed to decide, by Apr. 30, 2027, whether to revoke food-residue limits (tolerances) for five neonics. Current label rules for neonic products (see Pesticides below) still apply.

Under a proposed settlement of In re NRDC (D.C. Cir. No. 25-1251), EPA must issue a final decision on NRDC’s 2020 petition to revoke all tolerances for acetamiprid, clothianidin, dinotefuran, imidacloprid and thiamethoxam no later than Apr. 30, 2027. Public comments on the settlement closed Sept. 21, 2026.

Source: 91 Fed. Reg. 53857 (Aug. 20, 2026), Docket EPA-HQ-OGC-2026-6172.

Saving America’s Pollinators Act (neonic ban) — not reintroduced

Watch Last updated

What it means for you: No federal neonic ban bill is pending this Congress. The only new federal pollinator bill found is about roadside habitat, not hives or honey.

Last introduced as H.R. 4277 (Blumenauer) on June 22, 2023; it never left subcommittee and died with the 118th Congress. The Roadside Pollinator Program Amendments Act (S. 3673, Merkley, Jan. 15, 2026; H.R. 7143, Panetta, Jan. 16, 2026) would reauthorize pollinator-friendly practices on highway rights-of-way; both sit in committee.

Source: H.R. 4277 (118th Cong.); S. 3673; H.R. 7143.

Texas Legislature — next session January 2027

Watch Last updated

What it means for you: No new Texas bee law can pass before 2027. Bills for the 90th Legislature can be prefiled starting Monday, Nov. 9, 2026; the session opens Jan. 12, 2027.

  • The Legislature is not in regular session in 2026. Prefiling date verified 2026-10-20 against the Legislative Council calendar (House Rule 8 §7; Senate Rule 7.04(a)).
  • The House Agriculture & Livestock interim charges (March 2026) include no bee-specific study; TAIS appears only in the general agency-oversight list. Senate interim charges were not reviewed.
  • SB 2850 (2025, Menéndez) would have created a pollinator-health task force. It passed the Senate May 15, 2025, was referred to House Agriculture & Livestock May 19, 2025, and died there.

Source: Texas Legislative Council, Dates of Interest; Texas House Interim Committee Charges (March 2026); TLO, SB 2850 history.

Federal

Packaged honey offered for sale (FDA labeling)

In effect Last reviewed

What it means for you: If you jar honey for sale, the label needs a true name (“honey” only if it is 100% honey), net weight, and who packed it. Nutrition Facts may be required unless a small-business exemption applies.

Who: Any person who packages honey as a food for sale in interstate commerce, or whose product is otherwise subject to the Federal Food, Drug, and Cosmetic Act (FD&C Act).

Must:

  1. Not adulterate or misbrand the food. Sections 402 and 403 of the FD&C Act prohibit adulterated and misbranded food. FDA’s honey-labeling guidance applies those sections to honey and honey blends. A product that is not exclusively honey must not be labeled simply as “honey.” A blend must use an accurate statement of identity (for example, “blend of honey and corn syrup”) and list ingredients by common or usual name in descending order of predominance by weight.
    Sources: FD&C Act §§ 402, 403 (21 U.S.C. §§ 342, 343), https://www.law.cornell.edu/uscode/text/21/342 and https://www.law.cornell.edu/uscode/text/21/343; FDA, Guidance for Industry: Proper Labeling of Honey and Honey Products (Docket FDA-2006-P-0207), https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-proper-labeling-honey-and-honey-products; 21 CFR § 101.3 (statement of identity), https://www.ecfr.gov/current/title-21/section-101.3; 21 CFR § 101.4 (ingredient declaration), https://www.ecfr.gov/current/title-21/section-101.4.

  2. Place required label elements on packaged food. The principal display panel must bear a statement of identity and a net-quantity declaration. The label must also identify the name and place of business of the manufacturer, packer, or distributor. Net quantity for a viscous food such as honey is declared by weight. Under the Fair Packaging and Labeling Act, net quantity on a consumer commodity must appear in both customary inch-pound units and SI metric units, except for foods packaged at the retail-store level. FDA’s food-labeling guide states the same dual-unit practice.
    Sources: 21 CFR § 101.1 (principal display panel), https://www.ecfr.gov/current/title-21/section-101.1; 21 CFR § 101.5 (name and place of business), https://www.ecfr.gov/current/title-21/section-101.5; 21 CFR § 101.7 (net quantity), https://www.ecfr.gov/current/title-21/section-101.7; Fair Packaging and Labeling Act, 15 U.S.C. § 1453(a)(2), (a)(6), https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1453; FDA, A Food Labeling Guide, https://www.fda.gov/files/food/published/Food-Labeling-Guide-%28PDF%29.pdf.

  3. Nutrition labeling, unless an exemption applies. Most packaged foods must bear nutrition labeling under 21 CFR § 101.9. Exemptions exist in § 101.9(j), including specified small-business tests. A hobby seller who ships or otherwise places honey in interstate commerce should confirm whether an exemption applies before omitting a Nutrition Facts panel.
    Source: 21 CFR § 101.9, https://www.ecfr.gov/current/title-21/section-101.9.

FDA’s honey guidance is guidance: it does not create independent duties, but it explains how FDA reads the FD&C Act and 21 CFR part 101.

Source: FDA honey-labeling guidance; 21 CFR part 101; full citations below.

Country of origin and USDA grade marks

In effect Last reviewed

What it means for you: Only matters if you pack imported honey or use a USDA grade shield. Domestic honey without a USDA grade mark needs no origin statement under these rules.

Who: Packers of honey that is imported, and any packer who places an official USDA grade or inspection mark on packed honey.

Must:

USDA grade labeling of honey is voluntary. A hobby keeper who does not use USDA grade marks and who sells only domestic honey is not required by the Farm Bill COOL rule to print a country-of-origin statement.

Source: 19 U.S.C. § 1304; 7 CFR § 52.53; full citations below.

Antidumping duties on imported raw honey

In effect Last updated

What it means for you: These duties raise the cost of cheap imported raw honey from Argentina, Brazil, India and Vietnam. They don’t apply to a backyard keeper, but they shape the wholesale prices local honey competes with.

Antidumping orders on raw honey from Argentina, Brazil, India and Vietnam have been in place since 2022. Commerce’s June 2026 final results for the June 2023–May 2024 review period set these company rates:

  • Vietnam: 8.83% to 26.77% for reviewed exporters (17.80% separate rate); the Vietnam-wide entity rate is 60.03%.
  • Argentina: 21.35% in the June 12 final results, corrected to 17.76% in amended final results on July 30, 2026.
  • Brazil: 4.48% to 10.48% for reviewed exporters.
  • India: 1.11% to 6.98% for reviewed exporters (3.99% for non-selected companies).

Preliminary results for the next review period (2024–2025) for Argentina, Brazil and Vietnam were published Sept. 14, 2026; those rates are not final.

Source: Vietnam final results, 2026-11866 (June 12, 2026); Argentina final, 2026-11865; Argentina amended final, 2026-15436 (July 30, 2026); Brazil final, 2026-11121; India final, 2026-12301.

USDA ELAP — honeybee colony and hive losses

In effect Last updated

What it means for you: If you lose colonies or hives to an eligible cause (adverse weather, colony collapse disorder, other covered conditions), USDA may pay part of the loss. File with your local FSA office by March 1 after the loss year.

  • Normal mortality: starting with program year 2026, colony losses are paid only above a flat 15% normal-mortality rate (set by statute; previously FSA set it each year).
  • 2026 values: FSA’s average fair market value is $130 per colony and $270 per hive. Payments are a percentage of those values (generally 75%; 90% for eligible beginning, limited-resource, socially disadvantaged and veteran producers).
  • Deadline: notice of loss and application for payment are both due to the local FSA office by March 1 of the year after the loss; keep documentation of the losses and their cause.

Source: FSA, ELAP program page; FSA Notice ELAP-27 (2026 rates); 7 CFR § 1416.111 as amended July 9, 2026.

Interstate movement of live bees (federal)

Guidance / reference Last reviewed

What it means for you: There is no federal backyard-hive registration. Moving bees or used equipment across state lines is handled by the Texas permit below.

There is no general federal hobby-keeper registration for backyard hives. Interstate movement of bees and used equipment is regulated primarily by state apiary laws (in Texas, Agriculture Code Chapter 131 and TAIS permits). USDA Animal and Plant Health Inspection Service (APHIS) plant-pest and honey-bee import rules can apply to international importation; they are not a substitute for the Texas interstate permit described below.

Source: Tex. Agric. Code ch. 131.

Pesticides and in-hive mite treatments

In effect Last reviewed

What it means for you: Use only EPA-registered Varroa products, exactly as labeled. If you spray insecticides in your own yard, you are the applicator and must follow the bee-protection directions on the label.

Who: Anyone who uses a pesticide, including in-hive mite treatments, and anyone who applies pesticides near foraging bees.

Must:

  1. Use a registered pesticide only as the label directs. It is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to use a registered pesticide in a manner inconsistent with its labeling. EPA is the federal registering authority.
    Sources: FIFRA, 7 U.S.C. § 136j(a)(2)(G), https://www.law.cornell.edu/uscode/text/7/136j; EPA, Protecting Bees and Other Pollinators from Pesticides, https://www.epa.gov/pollinator-protection (page last updated July 27, 2026).

  2. Use only EPA-registered in-hive products for Varroa, and honor any food-residue (tolerance) rules. EPA publishes the list of pesticide products registered at the federal level for use against Varroa destructor in bee hives and has advised that using unregistered substances in hives can result in illegal residues in honey under the FD&C Act. States may be more restrictive.
    Sources: EPA, EPA-registered Pesticide Products Approved for Use Against Varroa Mites in Bee Hives, https://www.epa.gov/pollinator-protection/epa-registered-pesticide-products-approved-use-against-varroa-mites-bee-hives; EPA, Advisory on the Applicability of FIFRA and FFDCA for Substances used to Control Varroa Mites in Beehives, https://www.epa.gov/pollinator-protection/advisory-applicability-fifra-and-ffdca-substances-used-control-varroa-mites.

  3. Vadescana. EPA has also registered products containing the active ingredient Vadescana for control of Varroa destructor in honey bee hives. Use only EPA-registered products as labeled. The EPA Varroa product list is the product reference; the American Beekeeping Federation legislation page is a pointer summarizing the EPA announcement.

  4. Follow pollinator-protection directions on outdoor insecticide labels. Since 2013, EPA has required additional pollinator language on specified outdoor foliar neonicotinoid products, including “do not apply while bees are foraging” and related restrictions, with a bee-advisory box. Applicators—not the neighboring hobby keeper—bear the label duty, but a keeper who applies insecticides in a yard is an applicator.
    Source: EPA, New Labeling for Neonicotinoid Pesticides, https://www.epa.gov/pollinator-protection/new-labeling-neonicotinoid-pesticides.

Source: FIFRA, 7 U.S.C. § 136j; EPA Varroa product list; EPA neonic labeling. Texas pesticide-agency rules are on the Other laws tab.

Texas

Texas apiary law is Agriculture Code Chapter 131, administered by the chief apiary inspector (Texas Apiary Inspection Service, Texas A&M AgriLife Research). Implementing rules are in 4 Texas Administrative Code Chapter 71. Honey-labeling Subchapter E is enforced by the Department of State Health Services, not TAIS.

Sources: Tex. Agric. Code ch. 131, https://statutes.capitol.texas.gov/Docs/AG/htm/AG.131.htm; TAIS, Regulations, https://txbeeinspection.tamu.edu/regulations/; Texas Secretary of State, Texas Administrative Code, https://www.sos.texas.gov/tac/index.shtml; 4 Tex. Admin. Code § 71.24 (beekeeper registration), adopted 48 TexReg 6207 (eff. Oct. 24, 2023).

Chapter 131 was substantially amended by H.B. 4538, 88th Legislature, effective September 1, 2023.

TAIS beekeeper registration (voluntary) and bee removal

In effect Last updated

What it means for you: You don’t need to register to keep hobby hives. Registration is $35 a year (valid Sept. 1–Aug. 31) and is required for some programs, for the bee-removal exemption, and is commonly expected for ag valuation paperwork.

Who: Each beekeeper in Texas may register annually with the chief apiary inspector. Registration is not a condition of owning hobby hives.

Must, if the keeper chooses to register: Submit the information the inspector requires, including the county or counties of operation. The inspector may require a map of each apiary; a map so submitted is a trade secret under Government Code Chapter 552 and may not be disclosed. Registration expires August 31 following the date it is issued. TAIS currently charges $35 per registration year (September 1 through August 31). TAIS states that registration “will not be mandatory by state law but may be required for participation in other programs.”

How to register: use the current Beekeeper Registration Application linked from the TAIS Forms & Fees page.

Sources: Tex. Agric. Code § 131.045; 4 Tex. Admin. Code § 71.24; TAIS, Forms & Fees, https://txbeeinspection.tamu.edu/forms-fees/; TAIS, Regulations, https://txbeeinspection.tamu.edu/regulations/.

Bee-removal work is different. A person acting as a beekeeper who collects, removes, or destroys honey bees is exempt from the Texas Structural Pest Control Act only if the person (1) is registered with the chief apiary inspector under Agriculture Code Chapter 131, Subchapter C, (2) does not use pesticides or electrical devices other than conventional bee smokers or Chapter 131 equipment, and (3) collects, removes, or destroys honey bees. TAIS additionally requires a current registration plus a no-fee Bee Removal Statement (valid September 1–August 31) for listing on the TAIS bee-removal roster.

Sources: Tex. Occ. Code § 1951.056, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1951.htm; TAIS, Regulations and Forms & Fees.

Source: TAIS, Forms & Fees (rechecked 2026-10-20); Tex. Agric. Code § 131.045; Tex. Occ. Code § 1951.056.

Interstate shipment of bees or equipment

In effect Last updated

What it means for you: Moving bees or used equipment into or out of Texas needs a $200 TAIS permit (package bees are exempt).

Who: A person who ships or causes to be shipped bees or equipment into or out of Texas.

Must: Hold a permit issued by the chief apiary inspector. One permit covers all of that beekeeper’s shipments and expires August 31 following issuance (term not more than one year). Apply before the 10th day preceding a shipment if the person does not already hold a permit on that 10th day. A shipment originating outside Texas also requires a certificate of inspection from the origin state’s official inspector or entomologist (actual inspection not more than 12 months before shipment, certifying apparent freedom from disease and reportable pests) or a Texas inspection not more than 12 months before the shipment. TAIS currently charges $200 for the interstate permit.

Exception: Section 131.041 does not apply to a shipment of package bees (live bees in cages without combs or honey).

Sources: Tex. Agric. Code § 131.041; TAIS, Forms & Fees, https://txbeeinspection.tamu.edu/forms-fees/; TAIS, Regulations.

Source: TAIS, Forms & Fees; Tex. Agric. Code § 131.041.

Selling queens, packages, colonies and nucs

In effect Last reviewed

What it means for you: If you sell bees, send a TAIS inspection certificate (within 12 months) or your notarized no-disease affidavit with them.

Who: A person who sells or offers for sale a queen bee and attendants, package bees, colonies, nuclei, or queen cells in Texas.

Must: Accompany the bees with either (1) a copy of a certificate from the chief apiary inspector that the source apiary was inspected not more than 12 months before shipment and found apparently free from disease, or (2) a copy of an affidavit by the beekeeper that, to the beekeeper’s knowledge, the bees are not diseased. TAIS describes the affidavit as a self-generated signed and notarized statement.

A requested inspection currently costs $100 (queen-breeder inspection $300). A subsequent inspection that the inspector determines is necessary to contain, treat, or eradicate a reportable disease or pest carries an additional fee of not less than $25.

Sources: Tex. Agric. Code §§ 131.023, 131.044; TAIS, Regulations; TAIS, Forms & Fees.

Source: Tex. Agric. Code §§ 131.023, 131.044; TAIS, Regulations.

Hive identification

In effect Last reviewed

What it means for you: Hives at your home are exempt. Hives kept anywhere else need your name or registered brand on the hive, or a weatherproof apiary sign.

Who: A person who operates an apiary in Texas, except an apiary at the beekeeper’s principal residence.

Must identify hives by one of the following:

  1. clearly and permanently mark the hives with the person’s name as provided by § 131.064; or
  2. brand the hives, in accordance with § 131.064, with a brand registered to the person by the chief apiary inspector; or
  3. post a weatherproof sign within the apiary containing the name and contact information or the brand number of the person managing the apiary, printed in lettering at least one inch high.

A name or brand affixed under § 131.064 must be burned, pressed, painted, or otherwise permanently marked in figures at least one-half inch high, on one or both ends of the hive. TAIS currently charges $10 for an apiary-equipment brand. Brand format is seven numbers separated by hyphens.

Note on TAIS summary vs. statute. TAIS’s Regulations page summarizes identification as “one-inch letters or numbers on each end of the hive body.” The statute sets one-half inch for a name or brand on the hive and one inch for a weatherproof sign. Follow the statute; the TAIS page is a summary.

Sources: Tex. Agric. Code §§ 131.061–131.065; TAIS, Regulations; TAIS, Forms & Fees.

Operating an apiary without required identification, or altering a registered brand without authorization, is a Class C misdemeanor. Unauthorized possession of altered branded equipment, possession of branded equipment without a bill of sale or written proof of ownership, and use of a brand not registered to the user are prima facie evidence of an offense.

Sources: Tex. Agric. Code § 131.122; Tex. Penal Code § 12.23 (Class C: fine not to exceed $500), https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm.

Source: Tex. Agric. Code §§ 131.061–131.065, 131.122; TAIS, Regulations.

Reportable diseases and pests

In effect Last reviewed

What it means for you: Report American foulbrood, Tropilaelaps mites or yellow-legged hornet to TAIS immediately. Varroa, EFB and small hive beetle are not on the must-report list.

Who: Every beekeeper.

Must: Immediately report to the chief apiary inspector all facts known about affected bees if the beekeeper knows that a colony has a reportable disease or contains a reportable pest. The inspector must maintain and publish the list.

TAIS’s published reportable list, as of this review, is:

  • American foulbrood (AFB)
  • Tropilaelaps mites
  • Yellow-legged hornet

Failure to report as required is a Class C misdemeanor. Other listed pests and diseases (European foulbrood, Varroa, small hive beetle, and others) appear on TAIS’s “other” list and are not the § 131.025 reportable list.

Sources: Tex. Agric. Code §§ 131.025, 131.121(a)(2); TAIS, Pests & Diseases, https://txbeeinspection.tamu.edu/beekeepers/pests-diseases/; TAIS, Regulations.

Source: Tex. Agric. Code § 131.025; TAIS, Pests & Diseases.

Disease control, quarantines and movable frames

In effect Last reviewed

What it means for you: Keep bees on movable frames. TAIS can quarantine, treat or destroy diseased or abandoned colonies.

The chief apiary inspector may adopt rules; prohibit shipment or entry of bees, honey, combs, pollen, or other items capable of transmitting disease or pests except in accordance with those rules; and seize and order destruction, treatment, or sale of colonies, equipment, pollen, or honey that contain pests, are diseased, infectious, or abandoned, or violate Chapter 131 or a rule or quarantine. Apiaries, equipment, or bees are considered infectious if the bees are not hived with movable frames or are not stored so as to prevent possible spread of disease or pests, or if they generally comprise a hazard or threat to disease control.

If a quarantine is declared, a person may not move or ship bees, equipment, pollen, or honey into or out of the quarantined area except in accordance with the inspector’s rules.

Sources: Tex. Agric. Code §§ 131.021, 131.022.

Violations of quarantines, shipping without a required permit, interfering with inspection, selling or moving known-infected colonies, and related acts in § 131.121 are Class C misdemeanors.

Source: Tex. Agric. Code §§ 131.021, 131.022, 131.121.

Honey labeling (Texas)

In effect Last reviewed

What it means for you: Call it “honey” (or use a bee/hive/comb picture) only if it is 100% pure honey. Blends must list honey as an ingredient in the same type size.

Who: Any person who labels, sells, or keeps, offers, or exposes for sale a honey-identified product.

Must not:

  • identify a product as “honey,” “liquid or extracted honey,” “strained honey,” or “pure honey” unless it consists exclusively of pure honey;
  • use a picture or drawing of a bee, hive, or comb on a product that resembles honey unless the product is exclusively pure honey;
  • identify a product that resembles honey as “imitation honey”;
  • sell a honey mixture unless the label lists ingredients and the word “honey” appears in the ingredient list in the same size type as the other ingredients, and unless “honey” is not more prominent in the product name than the other words.

Pure honey means the nectar of plants that has been transformed by, and is the natural product of, bees, in comb or taken from the comb and packaged in liquid, crystallized, or granular form.

The Department of State Health Services enforces Subchapter E. A violation is a Class B misdemeanor (fine not to exceed $2,000, confinement not to exceed 180 days, or both).

Sources: Tex. Agric. Code §§ 131.001(14), 131.081–131.084, 131.101, 131.123; Tex. Penal Code § 12.22, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm.

Source: Tex. Agric. Code §§ 131.081–131.084, 131.123; ch. 131 text.

Selling your own raw honey (H.B. 519) and infused honey (S.B. 541)

In effect Last updated

What it means for you: Raw, unblended honey or honeycomb from your own Texas hives is not a food establishment; cities and counties can’t regulate its production; the 2,500-lb cap and venue limits are gone. Label it under Agriculture Code ch. 131. Flavored or infused honey falls under cottage-food rules instead.

Effective September 1, 2025 (H.B. 519, 89th Legislature), a honey production operation is a beekeeper that sells or distributes honey or honeycomb the beekeeper produces that is, or from which is extracted, pure honey as defined by Agriculture Code § 131.001, that is raw and not blended with any other product or otherwise adulterated.

Must / may not:

  • A honey production operation is not a food-service establishment for purposes of Health and Safety Code Chapter 437.
  • A local government authority, including a local health department, may not regulate the production of honey or honeycomb at a honey production operation.
  • Honey or honeycomb sold or distributed by a honey production operation must be labeled in accordance with Agriculture Code Chapter 131, Subchapter E. The former extra Chapter 437 label lines (dual-unit net weight, beekeeper name and address, and the “facility not inspected by DSHS” statement) were removed from § 437.0199 by H.B. 519. Federal FDA labeling (identity, net quantity, responsible firm) still applies to packaged food.
  • Extracting honey from comb is treated as harvesting a raw agricultural commodity; bottling extracted honey and packaging cut honeycomb is packaging a raw agricultural commodity without additional manufacturing or processing, for purposes of that subtitle.

Sources: Tex. Health & Safety Code §§ 437.001(7), 437.0197, 437.0198, 437.0199, 437.01991, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm; H.B. 519, 89th Leg., R.S. (eff. Sept. 1, 2025), https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00519F.HTM.

What H.B. 519 removed (verified against the enrolled bill 2026-10-20): the old “small honey production operation” definition’s 2,500-pound-per-year cap, the family-labor limit, and the list of allowed sales venues (home, farmers’ market, farm stand, fairs/events). The beekeeper must still sell honey or honeycomb from their own hives that is raw and not blended.

Infused or flavored honey — cottage food (S.B. 541)

Infused, flavored or blended honey is not a “honey production operation” product. It can be sold as a cottage food under Health & Safety Code §§ 437.0191–437.01965 as amended by S.B. 541 (eff. Sept. 1, 2025):

  • Annual gross income cap of $150,000.
  • Label must carry the disclosure “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION” (plus name, allergen and other DSHS label items; a DSHS registration number can replace a home address on the label).
  • Non-TCS cottage foods may be sold wholesale to registered cottage food vendors, who must register with DSHS and post the same disclosure.

Source: DSHS, Texas Cottage Food Production (rechecked 2026-10-20). General cottage-food rules for non-honey products are on the Other laws tab.

Source: H.B. 519, 89th Leg. (enrolled); Tex. Health & Safety Code ch. 437; DSHS cottage food.

Africanized honey bees

Guidance / reference Last reviewed

What it means for you: Africanized bees are established in Texas. There is no special permit, but unmanaged or overly defensive colonies can draw nuisance complaints.

Africanized honey bees (Apis mellifera hybrids) are established in Texas. TAIS states that the first U.S. detection was in south Texas in 1990 and that, by August 2006, Africanized honey bees had been detected in 163 of Texas’s 254 counties. TAIS describes them as microscopically smaller than European honey bees, with the same venom, but with a greater tendency to swarm, abscond, nest in ground-level cavities, and defend. There is no separate federal “AHB permit” for a Pearland hobby hive. Keepers remain subject to Texas disease-and-pest law and to ordinary nuisance and animal-control principles if colonies are unmanaged or unduly defensive.

Source: Texas Apiary Inspection Service, Africanized Bees, https://txbeeinspection.tamu.edu/africanized-bees/.

Source: TAIS, Africanized Bees.

State enforcement

In effect Last reviewed

What it means for you: TAIS (and DSHS for labeling) can inspect at reasonable hours and issue stop-sale orders.

The chief apiary inspector may enter public or private premises at a reasonable hour to determine compliance with Subchapters B–D. DSHS has parallel entry power for Subchapter E. Either may issue a stop-sale order. Venue for civil or criminal prosecution is the county where the affected bees, equipment, pollen, or honey is located when the violation is discovered.

Source: Tex. Agric. Code §§ 131.101–131.105.

Source: Tex. Agric. Code §§ 131.101–131.105.

Agricultural valuation (1-d-1) for beekeeping

In effect Brazos CAD 2026 row rechecked 2026-10-20 Last reviewed

What it means for you: Beekeeping can qualify land for open-space (ag) appraisal only on 5 to 20 acres. The hive count comes from your county appraisal district, not the statute. This is a property-tax rule — it doesn’t limit or permit hives.

Who: A landowner seeking 1-d-1 open-space appraisal of land used to raise or keep bees.

Must:

  1. Use 5 to 20 acres for the bees. Tax Code § 23.51(2) includes, as agricultural use, the use of land to raise or keep bees for pollination or for the production of human food or other tangible products having a commercial value, “provided that the land used is not less than 5 or more than 20 acres.” The statute sets that acreage band. It does not set a hive count.

  2. Devote the land principally to agricultural use to the degree of intensity generally accepted in the area, and show qualifying use for five of the preceding seven years (§ 23.51(1)). The Comptroller’s Manual for the Appraisal of Agricultural Land (as of October 2024) restates the 5–20 acre beekeeping limit and states that the chief appraiser, not the statute, sets local intensity standards. Hive counts, if any, come from the CAD.

  3. File Form 50-129 with the CAD for the county where the land sits (generally after January 1 and before May 1 of the tax year).

Some CADs use Agriculture Code § 131.001’s definition of an apiary (six or more colonies) as a local floor. That is a CAD choice, not a Tax Code hive quota.

Sources: Tex. Tax Code § 23.51, https://statutes.capitol.texas.gov/Docs/TX/htm/TX.23.htm; Comptroller, Manual for the Appraisal of Agricultural Land (October 2024), https://comptroller.texas.gov/taxes/property-tax/docs/96-300.pdf; Form 50-129, https://comptroller.texas.gov/forms/50-129.pdf; Tex. Agric. Code § 131.001, https://statutes.capitol.texas.gov/Docs/AG/htm/AG.131.htm.

General 1-d-1 rules that apply to every kind of agriculture (5-of-7-year history, 1-d vs. 1-d-1, filing window) are summarized on the Other laws tab.

County comparison (published numbers only)

Hive counts below are quoted from that CAD’s own manual or webpage. A silent CAD is not filled in from a neighbor.

CAD Year Acres Colonies / hives (as published)
Austin 2026 (adopted 15 Jan 2026) 5–20 5 ac: 6; 6–10: 7; 11–12: 8; 13–14: 9; 15–16: 10; 17–18: 11; 18–20: 12
Brazoria 2025 5–20 6 colonies for 5 acres, then 1 colony per additional 2½ acres
Brazos 2026 5–20 6 mainframe hives on 5 acres; +1 per 2.5 acres; 12 on 20 acres (on property 7 months)
Chambers Posted as 2026; PDF effective 11 Feb 2025 5–20 6 hives first 5 acres; +1 hive per additional 2.5 acres
Colorado Effective 1 Jan 2025 5–20 5: 6; 6–10: 7; 11–12: 8; 13–14: 9; 15–16: 10; 17–18: 11; 19–20: 12
Fort Bend (FBCAD) 2026 5–20 5.0–7.4 ac: 6; 7.5–9.9: 7; 10.0–12.4: 8; 12.5–14.9: 9; 15.0–17.4: 10; 17.5–19.9: 11; 20.0: 12. Active hives; bulk of calendar year
Galveston Oct 2025 5–20 6 colonies per 5 acres / 12 per 20 acres; +1 hive per additional 2.5 acres
Harris (HCAD) Webpage reviewed 2026-09-08 5–20 6 hives stated; “Cannot qualify ac > 20 acs.” Table does not publish a +1 per 2.5 acres formula
Orange Guidelines posted Jan 2022 5–20 6 hives on 5 acres, +1 per 2.5 acres (range 6–12)
San Jacinto 2022 5–20 6 colonies on first 5 acres; +1 hive per additional 2.5 acres; on property ≥ 7 months
Walker 2023 5–20 6 colonies on 5 acres; +1 per 2.5 acres; 12 on 20 acres
Waller Posted Sep 2023 5–20 5–10 ac: ≥ 5 active hives; 10.01–15: ≥ 7; 15.01–20: ≥ 8 (on property ≥ 7 months)
Washington Adopted 17 Feb 2026 5–20 5: 6; 7.5: 7; 10: 8; 12.5: 9; 15: 10; 17.5: 11; 20: 12

CADs searched with no public hive table

No number is invented for these districts. Recheck the CAD directly before filing.

County sources (live URLs)

This section is not legal advice. Officials apply the current CAD intensity standards, which can change. Last reviewed 2026-09-08.

Source: Tex. Tax Code § 23.51; Comptroller ag-appraisal manual; CAD sources in the table.

Local (Pearland / Brazoria)

Scope: Pearland city limits extend into Brazoria, Harris and Fort Bend counties. Inside the city, Pearland’s code applies whichever county the parcel is in. For 36 nearby counties and parishes, see the County Laws catalog.

City of Pearland — no dedicated beekeeping ordinance found

No local rule found Ordinance 528-11 (2025) text not yet retrieved Last reviewed

What it means for you: Pearland has no hive-count, setback, water or swarm rule. General nuisance and property-maintenance rules still apply, and an HOA or deed restriction can still limit hives.

Who: Persons keeping animals inside Pearland city limits.

Finding: Searches of Pearland animal, nuisance, and zoning materials located no dedicated city rule on hive count, hive setback, hive water, swarm capture, or neighbor notice for honey bees.

Materials searched (2026-09-08):

  • City of Pearland Code of Ordinances, Chapter 6 – Animals, as adopted in full by Ordinance No. 528-9 (first reading April 12, 2021; second and final reading April 26, 2021), text retrieved from the Municode ordinance-download PDF, https://mcclibraryfunctions.azurewebsites.us/api/ordinanceDownload/19947/1082907/pdf. Chapter 6 as so adopted was read in full. The words bee, bees, honeybee, hive, and apiary do not appear. Definitions and numeric limits address ferrets, dogs, cats, and rabbits (five per dwelling unit over four months of age); barnyard animals (ruminants, chickens/geese/ducks, equines, sheep/goats) with acreage, 150-foot dwelling setback, and animal-unit density; prohibited hogs, ratites, extra roosters, guinea fowl, and peafowl; and wild animals. Honey bees are not listed as barnyard animals, livestock, or wild animals in those definitions.
  • Municode Pearland Code of Ordinances portal, https://library.municode.com/tx/pearland/codes/code_of_ordinances, including the Chapter 6 node (returned “content not found” on direct chapter fetch; ordinance list and Ordinance 528-9 PDF were used instead).
  • Municode Pearland 2025 ordinances list, which records Ordinance No. 528-11, “Amending Chapter 6, Animals and Fowl,” as adopted November 10, 2025, nine sections amended, https://library.municode.com/tx/pearland/ordinances/code_of_ordinances?nodeId=2025. The enrolled text of 528-11 was not retrieved. The November 10, 2025 City Council agenda describes 528-11 as a Chapter 6 animals amendment; a publicly posted excerpt discussed livestock and wild-animal definitions. First reading of 528-11 was marked “PULLED FROM THE AGENDA” on that packet. This digest does not treat 528-11 as a bee ordinance. Recheck current Chapter 6 on Municode before relying on silence.
  • Web searches for combinations of Pearland + (bee / bees / apiary / hive / honeybee) against the code of ordinances, the Unified Development Code, and pearlandtx.gov.
  • City land-use / UDC excerpts posted by the City (including the zoning-district article at https://gis.pearlandtx.gov/ZoningCodes.pdf and a published permitted-use table). Those materials list “Agricultural Animal Husbandry” as a land use in some districts. They do not use the words bee, hive, or apiary, and they do not state a backyard hive count or setback.
  • City code-enforcement “common violations” materials, which paraphrase Chapter 13 weeds and offensive-conditions rules (weeds height), not apiaries. Source: City of Pearland, Common Code Violations, https://www.pearlandtx.gov/departments/community-development/code-enforcement/common-code-violations (Ordinance Sec. 13-17(a) weeds). Chapter 13 as amended by Ordinance No. 633-1 (weeds/health and sanitation) likewise does not mention bees, https://documents.pearlandtx.gov/WebLink/DocView.aspx?dbid=0&id=20471&repo=City-Of-Pearland.
  • City ordinances index, https://www.pearlandtx.gov/departments/city-secretary/city-secretary-ordinances.

What still applies inside the city even without a hive ordinance:

  • Chapter 6 general animal rules are written around mammals and fowl. They do not create a hive-count or setback. They do include a general misdemeanor penalty of a fine not exceeding $2,000, unless a more specific penalty applies, with each day a separate offense (Ordinance 528-9, § 6-22).
  • Nuisance / property-maintenance rules (Chapter 13 weeds and offensive conditions; any adopted International Property Maintenance Code provisions the City enforces) can still be invoked if a premises is maintained in an unsanitary or offensive condition. Those texts, as searched, do not single out hives.
  • Private covenants. TAIS expressly warns that homeowners’ associations may restrict beekeeping even when city and state law do not. Source: TAIS, Regulations, https://txbeeinspection.tamu.edu/regulations/; Texas State Law Library, Backyard Animals, https://guides.sll.texas.gov/neighbor-law/backyard-animals.
  • Honey production. Local governments may not regulate production of honey or honeycomb at a honey production operation (see Texas honey sales). That is about honey production, not hive placement.

Source: Pearland Ordinance 528-9 (Chapter 6); Pearland Code (Municode); Texas State Law Library, Backyard Animals.

Brazoria County — no beekeeping ordinance; county does not zone

No local rule found Last reviewed

What it means for you: In unincorporated Brazoria County only state law (Agriculture Code ch. 131) and general nuisance law apply to hives.

Finding: Brazoria County does not publish a county zoning ordinance and does not appear to have a beekeeping, hive-count, or hive-setback ordinance.

Materials searched:

  • Brazoria County Engineering FAQ: “Brazoria County does not regulate land use or have any zoning ordinances in the unincorporated areas of the County. If you are within city limits, you must follow the city’s zoning regulations.” Source: Brazoria County, Engineering FAQs, https://www.brazoriacountytx.gov/departments/engineering/faqs.
  • Brazoria County Environmental Health pages, which describe food-establishment permitting, on-site sewage, and a public-nuisance program aimed at sanitation, septic, and junkyard-type conditions—not apiaries. Source: https://www.brazoriacountytx.gov/departments/environmental-health.
  • Municode library index for Texas counties/cities: Pearland, Angleton, Alvin, and other cities in Brazoria County have codes; a populated Brazoria County code of ordinances with a beekeeping chapter was not found. Source: Municode Library Texas index, https://library.municode.com/tx/brazoria_county/codes/code_of_ordinances (no county beekeeping chapter retrieved).
  • Web searches for Brazoria County + (bee / bees / apiary / hive / ordinance).

In unincorporated Brazoria County, hobby keeping is therefore governed by state Chapter 131 (and federal food/pesticide law if the keeper sells honey or uses pesticides), plus general public-nuisance principles, not by a county hive ordinance. Inside Pearland city limits, Pearland’s code controls, not the unincorporated-county default.

Source: Brazoria County Engineering FAQs; Brazoria County Environmental Health.

Brazoria CAD — beekeeping ag valuation requirements

In effect Last updated

What it means for you: For Brazoria County land: 5–20 acres, at least 6 colonies on the first 5 acres plus 1 per additional 2½ acres (so 12 on 20 acres). Bring a hive-location map, proof of commercial products, and copies of any TAIS transport permits.

Checked 2026-10-20: Brazoria CAD’s Special Valuation page still links the 2025 requirements PDF; no 2026 beekeeping table is posted. The 2025 PDF does not state a months-on-property rule or require TAIS registration (it asks for TAIS permits only where needed to move hives). Seven-months-on-property and a 12-hive maximum appear in the Brazos CAD (Brazos County) 2026 guidelines, which are a different district — see the table above. 1-d-1 follows the CAD where the parcel sits (Brazoria, Harris or Fort Bend for Pearland).

Source: Brazoria CAD, 2025 Agricultural Requirements (PDF); Brazoria CAD, Special Valuation.

Harris and Fort Bend county line (Pearland)

Guidance / reference Last reviewed

What it means for you: If your Pearland parcel is on the Harris or Fort Bend side, Pearland’s code still controls inside city limits; ag appraisal follows that county’s CAD.

Pearland’s corporate limits extend into Brazoria, Harris, and Fort Bend Counties. Sources: City of Pearland, Open Government and Compliance (city “primarily located in Brazoria County, with portions extending into Fort Bend and Harris counties”), https://www.pearlandtx.gov/departments/finance/financial-transparency/open-government-and-compliance; City of Pearland, Local Sales and Use Tax (separate county columns), https://www.pearlandtx.gov/departments/finance/city-tax-information/local-sales-and-use-tax; City GIS boundary layers, https://gis.pearlandtx.gov/hosting/rest/services/InteractiveMap/BoundaryLayers/MapServer/legend.

Duty: Confirm whether the hive site is inside Pearland city limits. If it is, Pearland Chapter 6 and the UDC apply, not Harris County unincorporated animal rules. No Harris County beekeeping ordinance was relied on for this digest because city-limit keepers are under Pearland’s code. Harris County is mentioned only because a Pearland keeper may sit on the Harris side of the city and should not assume a different municipal hive rule applies there—none was found for Pearland on either side of the county line.

Pearland city limits extend into Brazoria, Harris, and Fort Bend Counties. 1-d-1 appraisal follows the CAD of the county where the parcel is located, not the city. Use Brazoria CAD, HCAD, or FBCAD rules for that tract.

Source: City of Pearland, Open Government and Compliance; HCAD ag & timber.

Quick reference & notes

Quick reference: binding numbers

Last updated (TAIS fees rechecked; ELAP row added)

Item Binding figure Source
Beekeeper registration Voluntary (“may register”); expires August 31; TAIS fee $35 Agric. Code § 131.045; TAIS Forms & Fees
Interstate permit (bees/equipment into or out of Texas) Required; expires August 31; TAIS fee $200; apply by the 10th day before a shipment if no permit is already held Agric. Code § 131.041
Package-bee shipments Exempt from the § 131.041 permit Agric. Code § 131.041(g)
Requested apiary inspection TAIS fee $100; queen-breeder $300 TAIS Forms & Fees; Agric. Code § 131.044
Follow-up disease/pest inspection Additional fee, not less than $25 Agric. Code § 131.044(e)
Apiary equipment brand Optional; TAIS fee $10; seven-number brand Agric. Code §§ 131.062–131.063; TAIS Forms & Fees
Hive ID at a non-residence apiary Name (½-inch figures on one or both ends), or registered brand, or weatherproof sign (1-inch lettering) Agric. Code §§ 131.061, 131.064
Residence-yard apiary Exempt from hive-identification marking Agric. Code § 131.061(b)
Reportable list (must report immediately) American foulbrood; Tropilaelaps mites; yellow-legged hornet Agric. Code § 131.025; TAIS Pests & Diseases
Disease/quarantine/permit/ID offenses Class C misdemeanor (fine not to exceed $500) Agric. Code §§ 131.121, 131.122; Penal Code § 12.23
Honey-labeling offenses (calling a non-honey product “honey,” etc.) Class B misdemeanor Agric. Code § 131.123; Penal Code § 12.22
Pearland Chapter 6 general penalty Fine not exceeding $2,000 per day (not a hive-count rule) Ordinance 528-9, § 6-22
Pearland / Brazoria hive count, setback, water, swarm None found Local section above
Local regulation of honey production at a honey production operation Prohibited Health & Safety Code § 437.0198
1-d-1 beekeeping acreage 5–20 acres statewide (hive counts are CAD-local) Tax Code § 23.51(2)
ELAP colony losses (federal) Paid above 15% normal mortality; 2026 values $130/colony, $270/hive; file by March 1 after loss year 7 CFR § 1416.111; FSA Notice ELAP-27

Open questions and unverified items

Last updated

  • Pearland Ordinance 528-11 (2025) amended Chapter 6 (Animals and Fowl) per Municode’s list; the enrolled text was not retrieved. The “no hive ordinance” finding stands pending a Municode recheck.
  • No Pearland hive-count, setback, flyway, water or swarm ordinance was found. That is an absence of a rule, not a written “unlimited hives” right; nuisance theories are untested in the materials reviewed.
  • TAIS’s summary says one-inch hive letters; the statute says ½-inch on the hive (1-inch on a sign). Follow the statute.
  • How DSHS and local health departments treat blended or flavored honey above cottage-food scale should be confirmed with DSHS before scaling up.
  • Brazoria CAD has not posted a 2026 beekeeping table (2025 PDF still linked as of 2026-10-20).
  • Texas Senate interim charges were not reviewed for bee items; House charges have none.
  • HOA / deed restrictions are private and were not searched parcel by parcel.

Further reading and national advocacy (not binding)

Not law Last reviewed

This subsection is not Texas or Pearland law. It points to national association advocacy and pending federal bills so a hobby keeper can track what may change later. Binding duties for this digest remain federal FDA/FIFRA (as already summarized above), Texas Agriculture Code Chapter 131, and local materials searched for Pearland / Brazoria.

American Beekeeping Federation — Legislation & Advocacy. Hub for federal priorities and industry tracking: https://abfnet.org/legislation-advocacy/

U.S. / state apiary-law directory (pointer). ABF’s beekeeping-regulations page points to the Apiary Inspectors of America directory for other states’ laws. For Texas, use TAIS and the statute cites on this page, not a secondary summary.

How other cities regulate hives (contrast only — not Pearland law). Some U.S. cities publish dedicated hive-count, setback, flyway, or water ordinances. Pearland searches for this digest found no dedicated city hive ordinance. Sample municipal PDFs hosted by ABF (Seattle WA; San Diego County–style apiary chapter; Findlay Twp PA; Anniston AL; Gadsden AL; Forest Hills PA) are useful only as examples of how other places write rules — they do not apply in Pearland: see ABF resources for beekeepers and ABF uploads under https://abfnet.org/wp-content/uploads/2023/05/.

Other laws (not bee-specific)

Rules that touch a small home business or homestead in general. Bee- and honey-specific rules are on the Bees & Honey tab.

Pending

No non-bee bills are tracked right now. The Texas Legislature can take up any of these topics after prefiling opens Nov. 9, 2026 (session starts Jan. 12, 2027) — see the Texas watch item.

Federal

No general (non-bee) federal items yet. Federal food-labeling and pesticide rules that matter for hives and honey are on the Bees & Honey tab.

Texas

Texas cottage food production (S.B. 541)

In effect Last updated

What it means for you: You can sell most home-made foods (not meat, seafood, ice cream/ice, low-acid canned goods, CBD/THC products or raw milk) directly or to registered cottage food vendors, up to $150,000 a year, with the “produced in a private residence” label. Cities and counties can’t require a permit for it.

  • Effective Sept. 1, 2025, S.B. 541 widened allowed foods to everything except: meat and poultry products; seafood; ice and ice products (shaved ice, ice cream, frozen custard, popsicles, gelato); low-acid canned goods; CBD/THC products; raw milk products.
  • Time/temperature-control-for-safety (TCS) foods require DSHS registration, special labels and can’t be sold wholesale or donated.
  • Label disclosure: “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” A DSHS registration number may replace the home address on the label.
  • Local health entities may not regulate production at a cottage food operation or require it to get a local permit.

Honey-specific cottage-food notes (infused/flavored honey) are on the Bees & Honey tab.

Source: DSHS, Texas Cottage Food Production; Tex. Health & Safety Code ch. 437.

Texas sales and use tax permit

In effect Last updated

What it means for you: Plain grocery-type food is not subject to Texas sales tax, but if you sell taxable goods (for example candles, crafts, equipment) you need a sales and use tax permit and must file a return each assigned period, even with $0 tax due. Late returns may draw a $50 late-filing penalty.

  • A permit is required if you are engaged in business in Texas and sell, lease or rent tangible personal property or sell taxable services.
  • Food products such as flour, sugar, bread, milk, eggs, fruits and vegetables are not taxable; prepared food, candy and soft drinks are. Whether a specific honey product is a non-taxable food product was not separately verified — confirm with the Comptroller.
  • Webfile returns are due by 11:59 p.m. Central on the due date; late returns may be assessed a $50 late-filing penalty.

Source: Comptroller, Sales Tax Permit FAQ; Comptroller Pub. 96-280, Grocery and Convenience Stores; Comptroller, File and Pay.

Assumed business name (DBA) — sole proprietors

In effect Last updated

What it means for you: If you do business under a name that isn’t your own surname, file an assumed name certificate with the county clerk where you do business. It lasts up to 10 years and must be renewed in the last six months before it expires. The certificate is a public record that includes the owner’s residence address.

  • Who files: an individual or partnership regularly doing business under an assumed name (§ 71.051), in the county clerk’s office of each county where it has business premises (§ 71.054).
  • Term: stated period up to 10 years (§§ 71.052, 71.151); renewal must be filed within the six months before expiration or the certificate is void (§ 71.151(b)).
  • Changes: file a new certificate within 60 days of a material change such as a change of location or ownership (§ 71.152).
  • Penalty: you can’t sue on a contract made under the unfiled name until you file (§ 71.201); intentional violation is a Class A misdemeanor.

Source: Tex. Bus. & Com. Code ch. 71.

Texas pesticide regulation (TDA) and city preemption

In effect Last reviewed

What it means for you: TDA licenses pesticide applicators and registers products in Texas. Cities generally can’t pass their own pesticide sale-or-use rules.

Texas lead agency. The Texas Department of Agriculture (TDA) is the state lead agency for pesticide regulation in Texas: product registration, applicator licensing (agricultural and structural), and related enforcement. TDA’s Structural Pest Control Service implements Occupations Code Chapter 1951.

A Texas municipality generally may not adopt its own pesticide-sale-or-use ordinance except in the narrow cases listed in Occupations Code § 1951.005 (for example, fire/building storage rules, disposal sites, sewer discharge).

Bee-specific pesticide duties (EPA Varroa products, bee-protection label language) are on the Bees & Honey tab.

Source: TDA, Pesticides; Tex. Occ. Code § 1951.005.

Agricultural (1-d-1 open-space) appraisal — general rules

In effect Last reviewed

What it means for you: Any ag use (not only bees) must meet the local “degree of intensity” and show qualifying use in 5 of the last 7 years. Apply on Comptroller Form 50-129 with your CAD, generally after Jan. 1 and before May 1.

1-d versus 1-d-1. Beekeeping as “agricultural use” is defined in Tax Code § 23.51(2), which is the 1-d-1 (open-space) subchapter (Tax Code §§ 23.51–23.60). The older 1-d program (Subchapter C) is a different appraisal for individual owners whose primary occupation and income is agriculture. Typical applications use Comptroller Form 50-129 (1-d-1).

Degree of intensity can change by tax year. Recheck the CAD’s current agricultural manual before filing. It is a property-tax qualification only and does not authorize or limit any land use.

Beekeeping acreage (5–20 acres) and CAD hive tables are on the Bees & Honey tab.

Source: Tex. Tax Code §§ 23.51–23.60; Form 50-129; Comptroller, Manual for the Appraisal of Agricultural Land.

Local (Pearland / Brazoria)

Pearland property maintenance (weeds and offensive conditions)

In effect Last reviewed

What it means for you: Pearland enforces weed-height and unsanitary-premises rules (Chapter 13) on every property; they don’t mention bees but can be used against a neglected yard.

City code-enforcement “common violations” materials paraphrase Chapter 13 weeds and offensive-conditions rules (Sec. 13-17(a)). Chapter 13 as amended by Ordinance No. 633-1 (weeds/health and sanitation) does not mention bees. Pearland Chapter 6’s general penalty (fine up to $2,000; each day a separate offense, Ord. 528-9 § 6-22) applies to animal-rule violations generally.

Source: Pearland, Common Code Violations (Sec. 13-17(a)); Ordinance No. 633-1.

Brazoria County — no county zoning

In effect Last reviewed

What it means for you: Unincorporated Brazoria County has no zoning; inside a city, follow that city’s zoning.

“Brazoria County does not regulate land use or have any zoning ordinances in the unincorporated areas of the County. If you are within city limits, you must follow the city’s zoning regulations.”

Source: Brazoria County Engineering FAQs.

Disclaimer

This page is a research digest for hobby keepers in Pearland / Brazoria County, Texas. It is not legal advice. Officials apply the current text of statutes, rules and ordinances, which can change. Each entry shows the date it was last updated or reviewed; whole page reviewed 2026-10-20.