Current Law Details
One of most difficult states to start cottage food operation. $355 permit (2 years), extensive requirements including mandatory home inspections, detailed business plans (floor plan, processing, packaging, cleaning, sanitation, production, sales, child/pet management), and individual product label approvals. Online orders allowed but NO shipping - in-person pickup or personal delivery only. Sales limit increased from $25,000 to $35,000 in 2023 (HB 1500). 6-8 week application processing time. Major legislative changes being considered for 2026. Application complexity comparable to opening commercial food business.
Registration & Training
๐Registration
- Required
- Yes
- Type
- permit
- Cost
- $355 (2-year permit)
- Inspection Required
- Yes
๐Training
- Required
- Yes
- Type
- Food safety training course + Food worker card
- Cost
- $10 for food worker card (valid 2 years)
- Validity Period
- 2 years
Labeling Requirements
Required Statement
"Made in a home kitchen that has not been inspected by the Washington State Department of Agriculture"
Additional Label Elements
- โCommon or usual name of the food product
- โName and address of the cottage food operation
- โIngredients in descending order of predominance by weight
- โNet quantity of contents
- โAllergen information
Allowed Sales Venues
Direct sales only at farmer's markets, events, from home, online orders with in-person pickup/delivery, farm stands, community events. Prohibited: wholesale to restaurants, wholesale to grocery stores, wholesale to retail shops, consignment sales, any indirect sales, mail order/shipping, interstate commerce. Online orders allowed but must be picked up by customer OR hand-delivered by producer - cannot use USPS, FedEx, UPS, or any courier service.
Shipping & Delivery
Shipping Options
- In-State
- Not Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
NO shipping by mail or courier service. Must be in-person pickup or hand-delivered by producer. All sales must occur within Washington state at approved venues or by agreed-upon pickup/delivery. Historical note: COVID-19 temporary exception allowed in-state shipping in 2020 but this was temporary.
Allowed Foods
Non-potentially hazardous foods only (shelf-stable at room temperature). Allowed: loaf breads, rolls, biscuits, quick breads, muffins, cakes, pastries, scones, cookies, bars, crackers, pies (with restrictions), tortillas, fried doughnuts, sweet breads with fruit/vegetables (if incorporated into batter and oven-baked), cereals, trail mixes, granola, candies, jams/jellies/preserves, fruit butters, dry spice blends, dry tea blends. Frostings/glazes allowed if: cook step OR made with ingredients stable at room temperature (large sugar amounts). Prohibited: bakery goods requiring refrigeration, cream/custard/meringue pies, cakes/pastries with cream or cream cheese fillings, fresh fruit fillings/garnishes, glazes/frostings with low sugar/cream/uncooked eggs, pies with fresh unbaked fruit, meat products, dairy products, any food requiring refrigeration or time/temperature control.
Recent Legislative Updates
HB 1500
Effective: July 23, 2023
Increased annual gross sales cap from $25,000 to $35,000. Extended permit validity from 1 year to 2 years. Maintained $355 fee (now covers 2 years instead of 1). Passed with 98-0 unanimous vote in House.
Proposed (not yet submitted)
Effective: Pending
Washington State Department of Health considering request for 2026 legislative session to update Chapter 69.22 RCW regarding cottage food operations. Goal: add cottage food operations into public health system to help direct food safety and community engagement. Community engagement completed Summer 2024. No specific changes announced yet. If proposal accepted, public input opportunity in January 2026.
Important Warnings & Notes
- โ ๏ธOne of the most difficult states nationally for cottage food permits
- โ ๏ธApplication complexity comparable to commercial food business
- โ ๏ธPlan for 3-4 months minimum startup time (training, application, processing, inspection)
- โ ๏ธEach product variation requires separate approval and label submission
- โ ๏ธFailed inspection requires $125 re-inspection fee
- โ ๏ธOnline sales allowed but NO shipping - pickup/delivery only
- โ ๏ธTotal startup costs: $400+ minimum ($355 permit + $10 food worker card + Master Business License + potential re-inspection fees)
- โ ๏ธNo guarantee 2026 legislative changes will provide relief
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-07):
- โขChapter 69.22 RCW - Cottage Food Operations
- โขHB 1500, 2023 Washington Legislature
- โขWashington State Department of Agriculture - Cottage Food
- โขWSDA Cottage Food Operation Permit Application Packet
- โขWashington State Department of Health - Proposed Legislation Page
- โขInstitute for Justice - Washington
- โขRep. Carolyn Eslick Press Release (May 2023)
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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