Washington cottage food law for home bakers

The short version

Washington requires a permit renewed every two years, a food worker card, and hygiene inspections before approval and every year after; sales top out at $35,000 a year, and she may not take an order online or by mail, only sell to the customer directly.

Nothing may ship out of state or land in a store; the label carries an eleven-point inspection notice.

Registering

The rule is administered by Washington State Department of Agriculture; the guide reads RCW 69.22 (Cottage Food Operations), current cap and fees under 2023 c 352.

She renews her permit with the department every two years and pays the permit fees up front. On top of that, an inspector checks her kitchen's basic hygiene before her first permit and again every year after, at its own fee. Everyone who touches the food needs a food worker's card.

Where you can sell, and whether online counts

Sale is to the consumer, in person, only inside Washington, at a farmers market, craft fair, charitable event or a similar direct sale location. Internet sales, mail order, and any sale for retail outside the state are all off the table, and so is wholesale or using the product as an ingredient in someone else's food. She can still run a website that lists and describes her products, as long as the actual sale is completed in person rather than on the site.

What goes on the label

The statement above, printed at least the size of eleven-point type in a color that stands out. Her name and permit number, the product name, its ingredients by weight, its net weight, and its allergens go on the same label.

"Made in a home kitchen that has not been subject to standard inspection criteria."

• The name and permit number of the cottage food operation
• The name of the cottage food product
• The ingredients in descending order of predominance by weight
• The net weight or net volume of the cottage food product
• Allergen labeling as the director specifies in rule
• Any nutritional claim labeling the director specifies in rule, if she makes one

What you can bake and sell

Baked goods, stovetop candies, jams, jellies, preserves and fruit butters are hers to make and sell. Anything that needs temperature control to stay safe is not, and nothing with meaningful THC content may go in as an ingredient.

• Allowed: Baked goods, stovetop candies, jams, jellies, preserves and fruit butters that do not need refrigeration
• Not allowed: Any potentially hazardous food that needs temperature control for safety, and anything containing 0.3 percent or more THC

The sales cap

Washington caps cottage food sales at $35,000 a year, counted as annual gross sales of cottage food products, computed for the whole domestic residence, never on a per-person basis.

Work out how much room you have left this year with the cottage food sales cap checker.

What changed

January 11, 2024: 2023 c 352 raised the annual cap to $35,000 and set the current permit fee structure: a $125 inspection fee, a $75 public health review fee and a $30 processing fee.

Questions people ask

Do I need to register to sell cottage food in Washington?

Yes, Washington requires registration before the first sale. Permitted every two years by the Department of Agriculture; every worker who prepares the product needs a food and beverage service worker's permit, and she grants the Director the right to enter and inspect the home kitchen. The fee is $230. $125 inspection fee, $75 public health review fee and $30 processing fee for the permit; a further $125 inspection fee is charged again each year, since inspections continue annually after the initial one.

Has the cottage food sales cap in Washington changed over time?

$35,000 a year from January 11, 2024, counted as annual gross sales of cottage food products, computed for the whole domestic residence, never on a per-person basis.

Can I take orders online in Washington?

No, online orders are not allowed. The handover has to happen in person.

Can I deliver or ship cottage food in Washington?

The rule does not address delivery. Shipping inside the state is not allowed.

What does my Washington cottage food label need to say?

The label must say: Made in a home kitchen that has not been subject to standard inspection criteria.

Sources

• RCW Chapter 69.22, Cottage Food Operationsapp.leg.wa.gov
• RCW 69.22.030, Permits, permit renewalsapp.leg.wa.gov
• RCW 69.22.050, Annual gross salesapp.leg.wa.gov
• WAC 16-149-040, Limitationsapp.leg.wa.gov