Who the Washington cottage food law covers
A cottage food operation is a person making cottage food products only in the home kitchen of their primary domestic residence in Washington, and only for sale directly to the consumer. The permit is tied to you and that address, so moving means a new application.
A domestic residence is a single-family home or the part of a rental unit where you actually live. Group or communal housing, sheds, barns and other outbuildings don't count. A nonprofit can't hold a cottage food permit, even if it runs from your home.
Which foods you can sell
WSDA's allowable products include:
- Breads, rolls, biscuits, muffins, cookies, bars, pastries and scones
- Cakes, including birthday and wedding cakes, with shelf-stable frostings
- Pies, except custard pies, unbaked fresh fruit pies and pies that need refrigeration
- Stovetop or microwave candies, checked with a candy thermometer: fudge, caramels, brittles, taffy
- Jams, jellies, preserves and fruit butters that meet FDA standards in 21 CFR 150
- Dry herb and seasoning blends, teas, soup and dip mixes from approved sources
- Small-batch roasted coffee and vanilla extract that meets 21 CFR 169.175
Off limits:
- Meat, jerky, poultry, fish and shellfish
- Canned fruits, vegetables, salsas, pickles and relishes
- Cream, custard or meringue pies and cream cheese fillings
- Milk, cheese and yogurt
- Beverages, juices, syrups, ice and garlic in oil
- Barbecue sauce, ketchup and mustard
- Pet treats
A frosting is shelf-stable when it has a cook step or a 3 to 1 ratio, by weight, of non-perishable ingredients like sugar to perishable ones like butter or milk. Low-sugar jams don't meet the FDA standard, so they're out.
Where and how you can sell
Every sale is you handing food to the person who will eat it. Display a copy of your permit wherever you sell.
| Way of selling | Allowed? |
|---|---|
| Farmers markets, craft fairs and charity events | Yes |
| Sales from your home | Yes, as a direct sale |
| A website showing your products | Yes, if the sale is completed in person |
| Shipping or mail order | No |
| Consignment or wholesale to shops and cafes | No |
| Sales outside Washington | No |
How to get a cottage food permit
Before you apply, get a Washington master business license, local zoning approval and a food worker card for everyone who will make the food, and finish a food safety training program. Then send WSDA:
WSDA reviews the recipes and labels, then inspects the kitchen. Fail and a second inspection costs $125. Pass and you get the permit. It runs for two years, counted from the end of the month WSDA issued it. Renew before it expires.
When you outgrow the cottage food permit
Sell more than $35,000 in a calendar year and you either get a food processing plant license or stop selling. Wholesale, shipping and refrigerated foods also mean trading the cottage food permit for a WSDA food processor license. From then on the full federal label applies, including in most cases a Nutrition Facts panel.
Nutrition Facts Label Requirements →