Washington Cottage Food Law

The upgrade path required for any Washington producer who exceeds the $35,000 cottage food cap, ships or mails product, sells wholesale or on consignment to retailers or restaurants, sells out of state, or makes any food requiring refrigeration or acidification (cheesecakes, custard pies, hot sauce, salsa, pickled vegetables, fermented foods). Administered by WSDA under the Washington Food Processing Act. License fees by gross annual sales tier: $92 up to $50,000; $147 from $50,001–$500,000; $262 from $500,001–$1,000,000; $427 from $1,000,001–$5,000,000; $585 from $5,000,001–$10,000,000; $862 above $10,000,000. The license fee itself is modest, but the producer must operate from a commercial kitchen meeting the Washington Food Processing Plant code (separate-sink requirements, dedicated handwashing facilities, non-porous surfaces, prep separation from living areas, water-source documentation, equipment certification). Typical practical paths: rent a commissary kitchen ($18–$35/hour, $150–$600/month memberships) or build out a dedicated commercial kitchen at the residence ($15,000–$60,000 buildout).

Every four years, WSDA reviews the cottage food cap and increases it through expedited rule-making, indexed to the Seattle-area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) published by the U.S. Bureau of Labor Statistics. The mechanism is automatic and does not require legislative action. The provision is a ratchet — the statute authorizes increases only, not decreases. Producers planning against the upper end of the cap should track the cumulative Seattle CPI-W since the last adjustment to anticipate the next move.

Every individual involved in cottage food preparation must hold a current Washington food and beverage service worker's permit ("food worker card"), and a copy of each card goes with the permit application. The card costs $10; the first card is valid for two years and renewal cards for three. It requires a brief training and test on basic food safety, handwashing, illness reporting, and bare-hand-contact rules. Required for the permittee and any household members or assistants who handle production. Card expiration must be tracked separately from the cottage food permit cycle.

Does Washington have a cottage food law?

Yes. Washington's framework is the Cottage Food Operation Permit under RCW Chapter 69.22 and WAC Chapter 16-149, administered by the Washington State Department of Agriculture (WSDA). The statute defines a cottage food operation as a person who produces cottage food products only in the home kitchen of that person's primary domestic residence and only for sale directly to the consumer. The permit is renewable every two years and requires both a basic-hygiene kitchen inspection before initial issuance and again annually. Operating under a valid permit explicitly exempts the producer from the Washington Food Processing Act (RCW Chapter 69.07), which is what would otherwise apply to anyone selling food made in Washington.

What is the Washington cottage food revenue cap?

$35,000 in gross annual sales per domestic residence, set by RCW 69.22.050(1)(a). The cap is per residence, not per person — two people producing cottage food in the same home share a single $35,000 envelope. RCW 69.22.050(1)(b) requires the department to review the cap every four years and adjust it for inflation through expedited rule-making, indexed to the Seattle-area Consumer Price Index for urban wage earners and clerical workers (CPI-W) published by the U.S. Bureau of Labor Statistics. The next scheduled review will move the figure upward by whatever the cumulative Seattle CPI-W has done since the last adjustment.

Can I sell Washington cottage food online or by mail?

Online orders, yes; shipping, no. RCW 69.22.020(4) says cottage food products "may only be sold directly to the consumer and may not be sold by internet, mail order, or for retail sale outside the state." WSDA's rule, WAC 16-149-040(2), prohibits shipping product, mail order sales, consignment, wholesale, and sales outside Washington, but allows a website "provided any sales arising from the website are completed as in-person transactions." WSDA says you can advertise and take orders over the Internet, as long as the customer picks up from you or you deliver in person within Washington — never by mail or courier. WSDA's materials differ on payment: the application packet says processing the payment online is acceptable, while the WSDA FAQ says delivery and payments must be person to person, so confirm with WSDA before taking payment online. A Washington baker who ships orders from Etsy, Shopify, Square Online, or any other e-commerce channel is operating outside the cottage food framework and needs a Food Processor License under RCW Chapter 69.07 instead.

What foods are allowed under the Washington cottage food permit?

Only nonpotentially hazardous (shelf-stable) foods that WSDA approves and lists on your permit. RCW 69.22.010 covers nonpotentially hazardous baked goods, baked and stovetop candies, and jams, jellies, preserves, and fruit butters as defined in 21 CFR Part 150. WAC 16-149-120 lists the allowable products: loaf breads, rolls, biscuits, quick breads, muffins, cakes (including celebration cakes), pastries, scones, cookies, bars, crackers, cereals, trail mixes, granola, nuts and nut mixes, snack mixes, donuts, tortillas, pizzelles, krumkake, candies made with a candy thermometer, standardized jams, jellies, preserves, and fruit butters with a cook step, dry herb and seasoning mixtures, dry bean soup mixes, dry teas and coffees from approved sources, and rebottled vinegars. Pies are allowed if they are not custard-style, not made with unbaked fresh fruit, and do not require refrigeration after baking — and WSDA says pumpkin pies are not allowed. Frostings and glazes need a cook step or enough sugar to be stable at room temperature. WAC 16-149-130 prohibits bakery goods that need refrigeration, cakes or pastries with cream or cream cheese fillings or fresh fruit fillings or garnishes, low-sugar glazes and frostings or frostings with cream or uncooked eggs, focaccia-style breads with vegetables or cheeses, meat, dairy, canned and pickled products, barbecue sauces, ketchups, mustards, garlic-in-oil mixtures, fresh juices, and beverages. WSDA also rules out low-sugar jams and syrups.

How much does the Washington cottage food permit cost?

$355 for a two-year permit, paid with the application and again at each two-year renewal — about $177.50 a year. WSDA lists the cost as "$355 for a 2 year permit." That total is the $75 public health review fee and $30 processing fee set by RCW 69.22.030 plus the $125 basic hygiene inspection fee set by RCW 69.22.040(3) for each of the two annual inspections in the cycle. Other fees can apply: $125 for a second inspection if you fail the first, and $105 to amend the permit to add products outside the renewal period (plus $125 if WSDA decides an inspection is needed). WSDA does not refund fees once it receives an application. Every individual involved in food preparation must also hold a Washington food worker card under RCW Chapter 69.06, which costs $10; the first card is valid for two years and renewal cards for three.

Do I need a kitchen inspection in Washington?

Yes — before the initial permit is issued and annually thereafter. RCW 69.22.040(1) requires WSDA to conduct a basic-hygiene inspection of the permitted area of every cottage food operation both before initial permitting and annually after that. Additional inspections may occur in response to foodborne illness outbreaks or other public health emergencies. The inspector verifies that the permittee handles all production (with limited supervised exceptions), that no concurrent domestic activities occur during food preparation, that children and pets are excluded from the kitchen during operations, that all food contact surfaces are washed/rinsed/sanitized before each use, that storage areas are free of rodents and insects, and that personnel hold current food worker cards and practice proper hand hygiene with no bare-hand contact with ready-to-eat foods. The inspection is "basic hygiene" — it is not a full retail food code inspection — and the framework is meant to be passable in a normally maintained domestic kitchen with reasonable preparation.

What is the difference between the Cottage Food Permit and the Food Processor License?

They are two completely separate regulatory frameworks. The Cottage Food Permit under RCW Chapter 69.22 is the home-kitchen exemption — narrow on what foods can be made, narrow on where they can be sold, capped at $35,000 in annual gross sales, but available without a commercial kitchen. A producer with a valid cottage food permit is explicitly exempt from the Food Processing Act under RCW 69.22.100. The Food Processor License under RCW Chapter 69.07 is the framework for any commercial food processor in Washington — no revenue cap, no food list restriction, no venue restriction, but the producer must operate from a fully inspected commercial kitchen that meets the Washington Food Processing Plant code. Licensing fees scale with gross sales: $92 for operations up to $50,000 in gross annual sales, $147 for $50,001–$500,000, and so on up to $862 for operations above $10 million. The two frameworks do not stack: a producer is on one path or the other, and the moment any aspect of the operation falls outside the cottage food envelope, the cottage food permit no longer covers it and the Food Processor License path becomes the only legal option.

What goes on a Washington cottage food label?

Seven elements, printed in English on the prepackaged product, prescribed by RCW 69.22.020(3) and WAC 16-149-110. The business name and the cottage food operation permit number issued under RCW 69.22.030. The product name, matching your permit. The complete ingredient list in descending order of predominance by weight, with sub-ingredients shown for compound ingredients (for example, "imitation vanilla extract (water, sugar, caramel color...)"). The net weight or net volume of the product. Allergen labeling per federal FALCPA and FASTER Act standards (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame). Nutrition information only if a nutritional claim is made. And the statutory disclaimer in at least 11-point type in a color that provides clear contrast to the background label: "Made in a Home Kitchen that has not been subject to standard inspection criteria." The disclaimer wording may not be paraphrased. If any ingredient contains alcohol (vanilla extract, for example), the label must also state: "This product contains liquor and the alcohol content is one percent or less of the weight of the product." Hand-printed labels are acceptable if they are clearly legible, written in durable permanent ink, and sized large enough to equal 11-point type.