Cottage Food Laws in Washington
Essential Guide for Home-based Producers
This article is part of our Guide on Cottage Food Laws State By State
Cottage food laws in Washington state provide a unique opportunity for entrepreneurs to create and sell certain food products from home, bypassing the need for a commercial kitchen. This has opened doors for small-scale producers to enter the market without the significant overhead costs typically associated with starting a food business. These laws, designed to support local economies and encourage small business growth, specify the types of food that can be made, as well as how and where they can be sold.
To comply with Washington's cottage food regulations, producers must obtain a Cottage Food Operation permit, which involves a series of steps including a home inspection and the approval of labels. Cottage food businesses must understand not just the state-wide requirements, but also the local county health department's regulations, which may impose additional restrictions or guidelines.
Understanding these regulations is key for food entrepreneurs who plan to sell homemade foods, such as fruit butter, dry herbs, trail mixes (how long does trail mix last?), sweet breads, low-acid canned goods, and acidic foods, through cottage food sales, online sales, or food trucks. Washington's legislation outlines clear parameters around permissible food items, labeling, sales venues, income caps, application fees, and food safety requirements. It's crucial to ensure that the list of ingredients is accurate and complies with the regulations. Operators who familiarize themselves with these laws can leverage them to create a thriving business, contributing to the community's economic diversity by offering consumers homemade, artisanal options from residential kitchens or other approved locations.
Understanding Cottage Food Laws in Washington
In Washington State, cottage food laws enable small-scale home-based food businesses, including homemade food producers and cottage food vendors, to operate legally, provided they comply with specific regulations. These laws are critical for entrepreneurs who wish to create and sell low-risk food products directly to consumers, whether they operate out of licensed kitchens, commercial food establishments, or kitchen countertops.
Understanding these rules is especially crucial for food service establishments that plan to sell breads with vegetables, frozen fruit, canned foods, sweet breads, dry herbs, and trail mixes through cottage food sales, online sales, or food trucks. Washington's legislation outlines clear parameters around permissible food items, labeling, sales venues, income caps, application fees, and food safety requirements. It's crucial to ensure that the list of ingredients is accurate and complies with the regulations and to fill out a cottage food license application to obtain the necessary permits. By following the cottage food rules, operators can leverage them to create a thriving business, contributing to the community's economic diversity by offering consumers homemade, artisanal options from residential kitchens or other approved locations.
Cottage Food Laws Overview
Cottage food laws in Washington allow individuals to produce certain non-potentially hazardous foods, such as cream cheese fillings, in their home kitchens to sell directly to consumers at community events, retail stores, coffee shops, and even online. These laws are designed to promote local, small-scale food entrepreneurship while ensuring public health and safety. The sales limit is currently set at $25,000 annually, and products must be sold within the state.
It's important to note that food producers are required to maintain temperature monitoring and keep inspection reports on hand. Additionally, food items must comply with a complete list of permissible foods for sale and must be labeled appropriately, including capital letters. Operators can leverage indirect sales channels, such as grocery stores and coffee beans (how long do coffee beans last?), to expand their customer base and increase annual sales limits. By following the rules, food service establishments can operate legally and contribute to the community's economic diversity by offering a wide range of artisanal food options.
Key points under this legislation include:
Sales must be direct to the consumer; wholesale or retail sale through third parties is prohibited.
Operators must obtain a Cottage Food Operation Permit before starting the business.
Labeling requirements must be met, including listing all ingredients and allergens.
Cottage Food Operations Definitions
Cottage food operations (CFOs) are defined within Washington's legislation as businesses that produce cottage food products in a home kitchen for direct sale to consumers. The home kitchen must pass a health inspection to ensure it meets state requirements.
A list of permitted foods typically includes:
Baked goods like breads and pastries
Jams and jellies
Fruit butters and preserves
It's important to note that potentially hazardous foods, for example, those that require refrigeration, are not allowed in CFOs because of the higher risk of foodborne illnesses.
Chapter 69.22 RCW and Chapter 16-149 WAC
Chapter 69.22 RCW, together with Chapter 16-149 WAC, constitute the legal framework governing cottage food operations in Washington. RCW pertains to the Revised Code of Washington, and WAC stands for Washington Administrative Code.
Key highlights of Chapter 69.22 RCW include:
Specific guidelines on what constitutes 'cottage food products', as well as permissible activities for cottage food operations.
The conditions under which a permit may be issued, revoked, or suspended.
Chapter 16-149 WAC outlines the administrative regulations and procedures, such as:
Application requirements for a cottage food operation permit, including submission of a food processing plan and labeling samples.
Sanitation and operational standards that the home kitchen must uphold to maintain the permit.
These laws and regulations ensure that cottage food operations sell safe, quality products to Washington residents. Adherence to these legal requirements is assessed through a home inspection of the kitchen and a review of food handling practices.
Starting a Cottage Food Business
To establish a cottage food operation in Washington, one must navigate through specific licensing processes, adhere to home kitchen regulations, and comply with stringent labeling requirements. This also includes following the cottage food list and ensuring adherence to food safety laws, such as Certified Food Protection and the identification of common food allergens on the cottage food labels.
To become successful cottage food chefs, Cottage Food Entrepreneurs must be aware of applicable food safety laws and maintain temperature monitoring to ensure the safety of their array of cottage foods. By following the rules, food service establishments can operate legally and contribute to the community's economic diversity by offering a wide range of artisanal food options.
Business License and Application Process
Before initiating a cottage food business, individuals must secure a Cottage Food Operation License. They should complete the official Cottage Food Operation Application and submit it alongside a processing fee. The application requires details such as types of foods to be produced, and methods of selling, and includes a section for outlining business plans. The Washington State Department of Agriculture (WSDA) reviews applications. Approval times can vary; applicants can contact WSDA for assistance or check on status.
Home Kitchen Requirements
A cottage food operation's kitchen must pass a WSDA inspection. Kitchens must be maintained to prevent contamination and ensure food safety. This includes but is not limited to:
Adequate facilities for washing, rinsing, and sanitizing utensils.
Separation of food preparation areas from domestic activities.
Proper storage for ingredients and finished products.
Control measures to prevent the entrance and harboring of pests.
Violation of these guidelines can result in license denial or revocation.
Labeling and Packaging
Products from a cottage food business must be properly labeled and packed to inform consumers. Essential labeling elements include:
Product Name
Ingredient List: Ingredients are listed in order of predominance by weight.
Allergen Information: As specified by the Food Allergen Labeling and Consumer Protection Act.
Net Weight or Volume
Business Name and Address
Labels must be clear, easily readable, and compliant with both state and federal guidelines. Packaging should protect the integrity of the food product and adhere to safety standards.
What Can Be Sold
Washington State's Cottage Food Laws permit residents to create and sell certain types of food products from their home kitchens while maintaining a list of items not allowed for sale. These regulations are designed to protect public health without stifling small-scale food operations.
Approved Cottage Food Products
Cottage food products approved for sale in Washington include a specific range of non-potentially hazardous foods. These are items that do not require time and temperature control for food safety. Below is a non-exhaustive list of such approved products:
Baked Goods: This category includes items such as cakes, cookies, and bread. These must not contain cream, custard, or meat fillings.
Example: Pizzelles, a type of Italian waffle cookie made from flour, eggs, sugar, and butter or vegetable oil (how long does vegetable oil last?), are allowed.
Jams and Jellies: These are fruit-based spreads that are shelf-stable.
Example: Homemade jams (how long does homemade jam last?) and jellies from berries or stone fruit are permissible, given that they follow precise recipes that ensure preservation.
Mixtures: Dry mixtures, such as those for soups or baking, are allowable as long as they do not contain any meat or dairy additives.
Example: Cake or cookie mix (how long does cookie mix last?) made from dry ingredients only can be sold.
Candies: A variety of candies that do not require refrigeration are accepted under the cottage food regulations.
Example: Chocolate candies, fudges, and toffees can be made and sold, provided they don't contain alcohol or fillings that require refrigeration.
Prohibited Products List
Conversely, Washington State stipulates a clear list of items that cannot be sold as cottage foods due to a higher risk of foodborne illness. These products usually require more stringent cooking conditions or refrigeration to stay food-safe.
Meat Products: Including any form of meat-filled baked goods or mixtures.
Dairy Products: Items requiring refrigeration, like certain types of cheeses or milk-based candies.
Higher Moisture Baked Goods: Such as those containing cream, custard, or fresh fruit fillings.
These restrictions echo the intent to maintain consumer safety while supporting local culinary entrepreneurs. Producers must adhere strictly to these guidelines to ensure compliance and foster trust in the cottage food industry.
Food Safety and Sanitation
In Washington, the success of cottage food operations hinges on a meticulous commitment to food safety and sanitation. Cottage food makers must diligently adhere to established protocols to safeguard consumer protection and uphold the integrity of their products. This dedication extends to understanding the intricacies of cottage food law shipping, ensuring that products reach consumers with the utmost safety and quality.
Applicable county regulations play a significant role in shaping the landscape for cottage food makers. Entrepreneurs need to collaborate closely with the applicable county government and county planning authorities, staying abreast of local requirements and fostering a harmonious relationship with the community.
The water activity and cooking temperatures of products must align with the prescribed standards, mitigating potential health risks. Cottage food makers dealing with non-potentially hazardous foods should be well-versed in the federal labeling requirements, creating labels that not only comply with regulations but also provide consumers with accurate and relevant information. An official ingredient list adds an extra layer of transparency, aiding in consumer trust and adherence to federal standards.
In this landscape, additional inspections, beyond regular inspections, may be required to ensure ongoing compliance. The collaboration between cottage food makers and local authorities fosters a mutually beneficial environment, contributing to the overall success and safety of the cottage food industry in Washington.
Inspection Process
In Washington, cottage food producers are subject to an initial inspection by the local health department. This is to certify that their kitchen complies with state sanitation standards. Thereafter, periodic inspections may occur to ensure continued compliance. During these inspections, the health inspector reviews several factors including cleanliness, proper food storage, and preparation practices.
Maintaining Basic Hygiene
Cottage food producers must obtain a food worker card to demonstrate knowledge of food safety practices. They are required to:
Wash hands thoroughly with soap and water before and after handling food.
Ensure that food contact surfaces and equipment are sanitized regularly.
Keep pets out of the food preparation area to prevent contamination.
Handling Allergens
Producers must be vigilant in handling common allergens, such as nuts (how long do nuts last?), dairy, soy, and wheat. They should:
Store allergenic ingredients separately to avoid cross-contamination.
Use separate utensils and equipment when preparing allergen-free products.
Clearly label products with potential allergens to inform consumers.
Labeling Cottage Food Products
In Washington, accurate labeling holds paramount importance for cottage food products. The state places stringent requirements on labels, ensuring that consumers are well-informed about the products they are purchasing while also adhering to food safety standards and applicable food safety laws. This transparency is crucial, especially for a diverse array of cottage foods, ranging from beloved classics like banana bread to more intricate offerings such as herb mixes, ice cream bars, and standardized fruit butters.
Entrepreneurs seeking to sell these allowable cottage foods products must obtain a Cottage Foods Permit, ensuring compliance with state regulations. The labeling requirements encompass essential details such as an official ingredient list, aiding in the identification of common food allergens. This commitment to transparency goes hand-in-hand with the state's emphasis on consumer protection and health.
Beyond the labels, cottage food makers must also ensure that their preparation areas meet the requisite standards. This may include features such as a wash sink and compliance with municipal water guidelines. Adherence to these requirements not only contributes to the overall safety of the production process but also aligns with Washington's commitment to upholding the quality and integrity of cottage food products.
As entrepreneurs navigate the landscape of cottage food production in Washington, a thorough understanding of the applicable food safety laws, coupled with meticulous attention to cottage food labels, sets the stage for a successful and trusted cottage food business.
Mandatory Label Information
Washington State requires that labels on cottage food products contain the following details:
Product Name: The common name of the food product should be clearly stated.
Ingredients: A list of all ingredients used in the product must be provided in descending order of predominance by weight.
Net Quantity: The net weight or volume of the product should be specified using standard measurements (ounces, pounds, grams, milliliters, etc.).
Cottage Food Operation's Name and Address: The full name and address of the cottage food operation must be present on the label.
Statement: The label must include the statement "Made in a home kitchen that has not been subject to standard inspection criteria" in 11-point font or larger.
Labels must be legible and in English, with a font size that is conspicuous against the background. They should be placed on the package in a prominent location.
Allergen Declaration
Washington State mandates that cottage food products with major food allergens declare these clearly on the label. The major food allergens include:
Milk
Eggs
Fish
Shellfish
Tree nuts
Peanuts
Wheat
Soybeans
Products that contain any of these allergens, either as an ingredient or through potential cross-contact, must state this on the label. The declaration can be made in one of two ways:
In the ingredient list, with the allergen in bold or in parentheses, for example, "flour (wheat)," or "almond (tree nut)."
Via a separate allergy statement, which reads "Contains," followed by the name of the allergen(s), placed immediately after or next to the ingredient list.
Selling Cottage Food Products
Cottage food producers in Washington are required to adhere to specific regulations regarding where and how they can sell their products. This ensures food safety and compliance with the state's cottage food laws.
Allowed Sales Venues
In Washington, cottage food operators may sell their products directly from their domestic residences to consumers. Additionally, they are allowed to sell at farmers' markets, which provide a platform for local producers to connect with the community. Cottage food products can also be sold and delivered directly to the consumer within the state. However, sales through a third-party retailer such as a store or out-of-state sales are not permitted.
Direct sales from residence
Farmers markets
In-person delivery
Direct Sales and Farmers Markets
Producers selling at farmers' markets must ensure all transactions are direct, meaning the exchange happens in person between the producer and the consumer. Direct sales offer an opportunity for customers to learn more about how the food is made and who is making it. Annual gross sales of cottage food products are capped, and producers should check the latest limitations to ensure they operate within legal bounds.
Gross sales limit: Check the current cap
Direct sales: In-person only, no online or mail orders
Farmers markets: Requires appropriate labeling and permits
Financial Aspects of Cottage Food Operations
Entrepreneurs in the cottage food industry in Washington State need to navigate financial regulations carefully, including understanding gross sales limits and managing tax obligations.
Understanding Gross Sales Limits
Cottage food operations in Washington are subject to specific gross sales limits. Gross sales represent the total sales revenue without deducting expenses or taxes. As of the latest guidelines, these businesses may not exceed $25,000 in annual gross sales from cottage food products. This cap ensures that operations remain small in scale, part of the regulatory framework designed to promote food safety and fair competition.
Maximum allowed gross sales: $25,000/year
If entrepreneurs exceed this limit, they must transition to a different business classification that is subject to more stringent regulations.
Tax Considerations
Cottage food producers must maintain accurate records for tax purposes. They are responsible for paying applicable taxes on their gross sales. The primary taxes include:
State Business and Occupation (B&O) tax: Applied to the gross income from business conducted in Washington. Cottage food operations are typically subject to a reduced B&O tax rate since they fall under the Retailing Classification.
The B&O tax rate for Retailing Classification: 0.471%
Sales tax: Varies by location. Cottage food businesses should collect sales tax at the point of sale and remit it to the state.
Producers should report their gross sales annually and pay any owed taxes to maintain compliance. A record-keeping system that captures all transactions meticulously is advisable to ensure accurate tax submissions. Failure to adhere to these tax requirements can result in fines and jeopardize the cottage food operation's license.
Regulatory Compliance and Penalties
In the state of Washington, cottage food operations must adhere strictly to regulatory standards. Violations can result in permit suspension and financial penalties, making compliance essential for continued business operations.
Permit Renewal and Suspension
The Cottage Food Permit is required for Washington's cottage food operators and must be renewed annually. Operators have a responsibility to maintain records and ensure that their kitchens pass inspections. If one fails to renew their permit or violates health codes, the Washington State Department of Agriculture (WSDA) has the authority to suspend it. During suspension, the operator is prohibited from producing and selling cottage food products.
Renewal: Annually required by the WSDA.
Inspection: Passing a kitchen inspection is necessary for permit renewal.
Record Keeping: Documented proof of compliance must be maintained.
Penalties for Non-Compliance
Failure to comply with cottage food laws can impose significant penalties. Non-compliance includes but is not limited to, operating without a valid permit, selling unapproved products, or failing to follow sanitation guidelines. Penalties are typically financial but can also include the revocation of the cottage food permit.
Financial Penalties: Fines based on non-compliance severity.
Permit Revocation: Permit may be revoked for serious or repeated violations.
Reapplication: A waiting period may be enforced before reapplying for a new permit after revocation.
Scaling Up Your Cottage Food Business
Growing a cottage food business in Washington involves understanding regulatory boundaries and planning for the transition to a larger-scale operation. A business owner needs to recognize when their production has outpaced the allowances of the cottage food model and prepare for the steps necessary to expand.
Transitioning Beyond the Cottage Food Model
Cottage food operations in Washington are subject to specific limitations that confine the scope of what they can sell and how much revenue they can generate. Business owners should familiarize themselves with the relevant state laws—particularly when their success necessitates moving beyond these restrictions. To transition away from the cottage food model, businesses need to consider acquiring commercial licenses and may have to meet different production standards.
Licensing Requirements:
Review: Examine current Washington state regulations for food businesses moving beyond cottage food status.
Apply: Submit applications for necessary licenses, such as a food processor's license which may involve a thorough inspection of the processing facilities.
Facilities: Determine if the current home-based operation can be upgraded to commercial standards or if a new facility will be required to accommodate increased production.
Product Range: Diversify product offerings that are not covered under the cottage food exemption.
When to Expand Operations
Deciding when to expand requires careful consideration of the business's capacity and market demands. A business should have quantifiable indicators that signal readiness to grow.
Sales Threshold: Cottage food operations in Washington are limited to $25,000 in gross sales annually. Exceeding this cap indicates it's time to plan for expansion.
Market Demand: Consistent demand and customer feedback can signal the potential for successful expansion into new markets.
Capacity Analysis: A detailed analysis of current production capabilities against demand can highlight the need for scaling up production to meet customer needs.
Successful transitioning from a cottage food operation involves meticulous planning and compliance with state regulatory changes. Business owners should ensure that any expansion is sustainable and supported by a solid market foundation.
Resources and Contacts
Navigating the regulations of Cottage Food Laws in Washington requires reliable resources and accurate contacts. This section directs readers to essential state-level resources and support networks that provide invaluable assistance for cottage food operations.
State Department of Health
Contact Information for Washington State Department of Health:
Phone Number:
(360) 236-4501
(800) 525-0127
Email Address:
The State Department of Health is the primary agency for information on health-related aspects of cottage food laws. They handle queries specifically related to health codes, licensing requirements, and safety guidelines. Individuals can directly contact the department or email the Food Safety Division for detailed regulatory guidance.
Extension Services and Support Groups
Cottage food producers can leverage the expertise and assistance offered by various extension services and support groups.
Key Resources:
Local University Extension Programs: These programs often offer classes, workshops, and materials on food safety, business planning, and best practices for cottage food operations.
Cottage Food Support Groups: Many regional and online communities foster environments for sharing experiences, tips, and advice among cottage food producers.
Both university extension services and support groups can be invaluable for networking and staying updated with the latest industry news and legislative changes.
