Washington Cottage Food Law

The upgrade path required for any Washington producer who exceeds the $35,000 cottage food cap, sells online or by mail, sells wholesale to retailers or restaurants, ships 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"). Issued for two years by the local health jurisdiction (county health department), typically around $10, after completing a brief online training and quiz 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?

No. RCW 69.22.020 limits cottage food sales to direct transactions with the consumer and explicitly excludes internet sales, mail order, and retail outlets outside Washington. A Washington cottage food operator may sell at the producer's home, at farmers markets, and at other in-person venues where the consumer is physically present at the point of sale. A Washington baker who lists product on Etsy, Shopify, Square Online, or any other e-commerce channel and ships the product to a customer is operating outside the cottage food framework and needs a Food Processing License under RCW Chapter 69.07 instead. The direct-sale restriction is the single most consequential difference between Washington's cottage food framework and that of states like Texas, California, or Ohio that authorize at least some form of online or mail-order sales.

What foods are allowed under the Washington cottage food permit?

Only nonpotentially hazardous (shelf-stable) foods. RCW 69.22.010 specifies baked goods, stovetop candies, and jams and jellies as standards-compliant under 21 CFR Part 150. WAC 16-149-120 expands the list by rule: loaf breads, rolls, biscuits, quick breads, muffins, cakes (including celebration cakes), pastries, scones, cookies, bars, crackers, cereals, trail mixes, granola, nut mixes and brittles, snack mixes, donuts, tortillas, pizzelles, krumkake, molded and dipped candies, fudge and caramels, taffy and marshmallow-like candies, jams, jellies, preserves, fruit butters, dry herbs and seasoning mixtures, dry bean soup mixes, teas and coffees in bulk repackaging, vinegars and flavored vinegars from approved sources. Pies are allowed if they are not custard-style, not topped with unbaked fresh fruit, and do not require refrigeration after baking. Anything requiring temperature control for safety — refrigerated pastries, cream-filled or custard-filled baked goods, cheesecakes, fresh-fruit-topped tarts, meat and dairy products, low-acid canned foods, acidified foods like hot sauce and salsa, fermented vegetables — is excluded.

How much does the Washington cottage food permit cost?

$230 up front in the initial cycle, plus $125 every year afterward for the annual basic-hygiene inspection. RCW 69.22.030 sets a $75 public health review fee and a $30 processing fee for each permit application or renewal. RCW 69.22.040(3) sets the basic-hygiene inspection fee at $125 — charged both at initial permitting and at the annual inspection that follows. The permit itself renews on a two-year cycle. So a typical Washington cottage food operator pays roughly $230 in the first year ($125 + $75 + $30), $125 in the second year (annual inspection only), then another $230 at the two-year renewal, then $125 again the year after that — a rough average of about $180 per year in state fees. Every individual involved in food preparation must also hold a current Washington food and beverage service worker's permit under RCW Chapter 69.06 (the standard "food worker card") — issued for two years by the local health jurisdiction, typically around $10.

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?

Six elements, prescribed by WAC 16-149-110. The business name and the cottage food operation permit number issued under RCW 69.22.030. The product name. 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). 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 is set by rule and may not be paraphrased. Hand-printed labels are acceptable if they are clearly legible, written in durable permanent ink, and sized large enough to equal 11-point type.