Home and Hearth BakerCottage food operation
RCW 69.22.010 to 69.22.110 (chapter 69.22 RCW); WAC 16-149-010 to 16-149-140 (chapter 16-149 WAC) · ESSB 5748 (2011 c 281); amended 2015 c 196 and 2015 c 203, HB 2217 (2020 c 171, permit number on labels, eff. 2020-06-11), SHB 1500 (2023 c 352, $35,000 cap and two-year permit, eff. 2023-07-23). Rules: WSR 12-12-016 (eff. 2012-06-24), WSR 16-06-014, WSR 20-17-019, WSR 24-01-031 (eff. 2024-01-11)
Yearly sales limit
$35,000
$35,000 gross sales per calendar year, counted per domestic residence, not per person (RCW 69.22.050(1)(a); WAC 16-149-040(1)). WSDA must review the cap every four years and raise it by expedited rulemaking based on the Seattle-area CPI-W (RCW 69.22.050(1)(b)); no adjustment found yet. Over the cap: get a WSDA food processing plant license or stop for the rest of the permit period; no fee refunds; WSDA may ask for written proof of sales (RCW 69.22.050(2)-(4)).
$35,000 gross sales per calendar year, counted per domestic residence, not per person (RCW 69.22.050(1)(a); WAC 16-149-040(1)). WSDA must review the cap every four years and raise it by expedited rulemaking based on the Seattle-area CPI-W (RCW 69.22.050(1)(b)); no adjustment found yet. Over the cap: get a WSDA food processing plant license or stop for the rest of the permit period; no fee refunds; WSDA may ask for written proof of sales (RCW 69.22.050(2)-(4)).
Permit or registration
Yes
Cottage food operation permit
Washington State Department of Agriculture (WSDA), Food Safety Program
Fee: $355 per two-year permit on WSDA application AGR-2093 (R/8/23). By law: $75 public health review fee + $30 processing fee (RCW 69.22.030(1); WAC 16-149-060(2)) + $125 for each initial or annual hygiene inspection (RCW 69.22.040). Re-inspection after a failed inspection: $125. Fees are not refunded once WSDA receives the application. Private well: passing bacterial test within 60 days before applying (lab cost extra).
Official page
Cottage food operation permit
Washington State Department of Agriculture (WSDA), Food Safety Program
Fee: $355 per two-year permit on WSDA application AGR-2093 (R/8/23). By law: $75 public health review fee + $30 processing fee (RCW 69.22.030(1); WAC 16-149-060(2)) + $125 for each initial or annual hygiene inspection (RCW 69.22.040). Re-inspection after a failed inspection: $125. Fees are not refunded once WSDA receives the application. Private well: passing bacterial test within 60 days before applying (lab cost extra).
Official page
Food safety training
Yes
Washington food worker card for the operator and everyone who prepares cottage food products (RCW 69.22.030(2), chapter 69.06 RCW; WAC 16-149-030, 16-149-060(1)(h), 16-149-080(1)(a)). From a local health department or the only authorized online course, www.foodworkercard.wa.gov; $10; first card good for 2 years, renewals 3 years (or 5 with extra training) (DOH; chapter 246-217 WAC).
Washington food worker card for the operator and everyone who prepares cottage food products (RCW 69.22.030(2), chapter 69.06 RCW; WAC 16-149-030, 16-149-060(1)(h), 16-149-080(1)(a)). From a local health department or the only authorized online course, www.foodworkercard.wa.gov; $10; first card good for 2 years, renewals 3 years (or 5 with extra training) (DOH; chapter 246-217 WAC).
Where you make it
Only in the home kitchen of the operator's primary domestic residence in Washington (RCW 69.22.010). Domestic residence = a single-family dwelling or an area within a rental unit where a single person or family actually lives. Products must be stored only in the primary domestic residence (RCW 69.22.020(5)). Kitchen rules (WAC 16-149-080): no carpet or rugs in the prep area; a sink with one or two tubs (or a home dishwasher) for washing, rinsing and sanitizing; pump soap and paper towels in the kitchen and main toilet room; pet control plan, and no pets in production and packaging areas; no litter boxes anywhere in the operation; no infants or children under six in the kitchen during processing; no domestic activities during production; cottage food storage kept separate; well water tested every year. Commercial equipment or a separate kitchen is not required.
Selling in person
Allowed: directly to the consumer by the operator, e.g., farmers markets, craft fairs, charitable organization functions (WAC 16-149-040(2)). The permit must be posted for customers at all points of sale (WAC 16-149-060(5)).
Phone and online orders
Partly: a website may display products, but any sale from it must be completed in person (WAC 16-149-040(2)). WSDA's application form AGR-2093 (R/8/23) says: 'Internet sales MUST be picked up or delivered in person within Washington State.' The statute says products 'may not be sold by internet, mail order, or for retail sale outside the state' (RCW 69.22.020(4)). Whether the customer may pay online before pickup or delivery is not addressed by the RCW, the WAC or WSDA's form. Phone orders are not addressed.
Delivery and shipping
Allowed per WSDA: the permit holder may deliver in person directly to the consumer within Washington (WSDA application AGR-2093 and packet). Not addressed in the WAC beyond the in-person rule.
Selling out of state
No
Stores and wholesale
Not allowed: no wholesale, no sales to restaurants, stores or other businesses (WAC 16-149-040(2); RCW 69.22.020(2))
Examples you can sell
Only nonpotentially hazardous foods (no temperature control needed) that WSDA has approved and listed on the operator's permit; up to 50 recipes per application, a base recipe and its variations counting as one (RCW 69.22.010; WAC 16-149-040(3)-(4), 16-149-120)
- Baked and fried goods cooked in an oven, on a stove top, or in an electric cooking device: loaf breads, rolls, biscuits, quick breads, muffins, cakes (including celebration cakes), pastries, scones, cookies, bars, crackers, donuts, tortillas, pizzelles, krumkake (WAC 16-149-120(1))
- Pies, except custard-style pies, pies with unbaked fresh fruit, and pies that need refrigeration after baking
- Cereals, trail mixes, granola, nuts, nut mixes, snack mixes
- Nonpotentially hazardous candies cooked on a stove top or in a microwave, using a candy thermometer: molded candies and chocolates, dipped or coated products, fudge, caramels, nut brittles, taffy, marshmallow-like candies (WAC 16-149-120(2))
- Standardized jams, jellies, preserves and fruit butters (21 CFR part 150) with a cook step, sterilized containers, no paraffin sealing; no freezer or refrigerator jams (WAC 16-149-120(3))
- Dry mixes from approved sources: dry soup mixes, teas, coffees, spice blends, dry herbs and seasonings (WAC 16-149-120(4))
- Vinegars from approved sources, rebottled, with fruit and herb flavors added (WAC 16-149-120(5))
- Frostings and glazes only if cooked or made stable at room temperature (e.g., high sugar) (WAC 16-149-120(8))
Not allowed
- Potentially hazardous foods that need temperature control for safety (RCW 69.22.010)
- Bakery goods that need any refrigeration, such as cream, custard or meringue pies, and cakes or pastries with cream or cream cheese fillings, fresh fruit fillings or garnishes, low-sugar glazes or frostings, cream, or uncooked eggs (WAC 16-149-130)
- Focaccia-style breads with vegetables or cheeses
- Fresh or dried meat or meat products including jerky; poultry; fish or shellfish; products made with meat, poultry or fish
- Canned fruits, vegetables, vegetable butters, salsas; canned pickled products such as relish, pickles, sauerkraut
- Milk and dairy products, including cheeses and yogurt
- Cut fresh fruits or vegetables and foods made from them; juices from fresh fruits or vegetables
- Garlic in oil; raw seed sprouts; ice or ice products
- Barbeque sauces, ketchups, mustards
- Beverages
The statement your labels must carry
Made in a home kitchen that has not been subject to standard inspection criteria.
In type at least 11 point.