Washington State cottage food law: the WSDA permit, the $35,000 cap and how to sell
Updated October 20, 2026
In Washington State you need a cottage food permit from the Washington State Department of Agriculture (WSDA) before you sell food made in your home kitchen, and you can gross no more than US$35,000 a year per household. The permit, under RCW 69.22 and WAC 16-149, follows a review of your recipes and labels and an on-site inspection, costs US$230 in fees the first time, and lasts two years, with a US$125 inspection every year. You must sell directly to consumers in Washington: a website can show your products, but any sale from it has to be completed in person, and shipping and mail order are banned.
In short
- WSDA permit required, renewed every two years, listing exactly which products you may make.
- Fees: US$75 public health review + US$125 inspection + US$30 processing; US$125 for each annual inspection.
- US$35,000 gross sales a year, counted per home, not per person.
- Websites may display products; sales must be completed in person. No shipping, mail order, wholesale or consignment.
- Food worker card for everyone who makes the food.
Washington cottage food rules at a glance (October 2026)
| Rule | What Washington requires |
|---|---|
| Law | RCW 69.22 (Washington Cottage Food Operator Act), WAC 16-149 (rules, amended effective January 11, 2024) |
| Regulator | Washington State Department of Agriculture (WSDA); local health jurisdictions don't permit or inspect cottage food operations |
| Permit | WSDA permit every two years, after review of recipes, labels and premises; up to 50 recipes per application |
| Fees | US$75 public health review, US$125 per inspection, US$30 processing (US$230 to start); US$125 for each annual inspection |
| Timing | Application and fee at least six weeks before you start processing |
| Training | A food safety training program and a valid food worker card for every person making the food |
| Inspection | Before the first permit and every year after; also at any time for an outbreak or emergency |
| Annual cap | US$35,000 gross per domestic residence, reviewed every four years for Seattle-area inflation |
| Where you make it | The home kitchen of your primary residence in Washington; not a shed, barn or outbuilding |
| Local rules | County and city zoning and a master business license come first |
| Where you sell | Directly to the consumer, including farmers markets, craft fairs and charitable events; display your permit there |
| Online | A website may display products if any sales from it are completed as in-person transactions |
| Not allowed | Shipping, mail order, consignment, wholesale, sales outside Washington, sales through food service establishments |
| Label statement | "Made in a Home Kitchen that has not been subject to standard inspection criteria." in at least 11-point type |
This is general information, not legal advice. Contact WSDA's Food Safety program before you apply.
How do you get a Washington cottage food permit?
- Clear local rules first: zoning approval and a Washington master business license.
- Get your food worker card and complete food safety training, for you and anyone who'll help.
- Test private well water within 60 days of applying (then yearly).
- Prepare the application: a labeled diagram of your kitchen, sinks, toilet room and storage; every recipe with its processing and packaging steps; sample labels for every product and variation; your planned processing dates and sales locations.
- Add control plans if needed: a pet control plan if pets live in the home, and a child control plan if children under six do.
- Send it with the fees at least six weeks before you plan to start. WSDA reviews recipes and labels, then schedules the on-site inspection.
Your permit lists the products you may make; adding one later needs an amendment.
Which foods can a Washington cottage food operation make?
Allowed (WAC 16-149-120):
- breads, rolls, biscuits, quick breads and muffins; pastries and scones; cookies and bars; crackers;
- cakes, including birthday, anniversary and wedding cakes;
- pies, except custard-style pies, pies with unbaked fresh fruit and pies that need refrigeration;
- donuts, tortillas, pizzelles, krumkake and similar products;
- cereals, granola, trail mixes, nuts and snack mixes;
- candies cooked on a stovetop or in a microwave with a candy thermometer: molded chocolates, dipped and coated treats, fudge, caramels, nut brittles, taffy and marshmallow-like candies;
- standardized jams, jellies, preserves and fruit butters (21 CFR 150) with a cook step, sealed in sterilized containers (no paraffin wax), including from home-picked or home-frozen fruit;
- recombined and packaged dry herbs and seasonings.
Anything that needs temperature control for safety is out, and no ingredient may contain THC at 0.3% or more.
Can you sell cottage food online in Washington?
Only partly. WAC 16-149-040 lets a cottage food operation keep a website "displaying available products," as long as any sale from it is completed as an in-person transaction. Shipping and mail order are prohibited, and so are sales outside Washington.
In practice: customers can browse and request orders online, and you complete each sale face to face, for example when they collect from you or meet you at your market stand. Ask WSDA how it applies the in-person rule to delivery and to paying online in advance before you rely on either.
What goes on a Washington cottage food label?
Every product is prepackaged and labeled, in English, with:
- your business name and WSDA permit number (not your home address);
- the product name;
- ingredients in descending order by weight, including sub-ingredients;
- net weight or volume (metric isn't required);
- allergens as federal rules require;
- nutrition information only if you make a nutritional claim;
- the statement in the table above, in at least 11-point type in a contrasting color.
For large cakes and bulk containers, WSDA may allow a product label sheet with the same information instead. Make labels with the food label maker.
Worked example: a krumkake baker in Seattle
Prices are illustrative, as of October 2026. A permitted home baker sells tins of krumkake and Scandinavian butter cookies, taking order requests online and handing them over at her home and her Saturday market stand.
| Item | Amount |
|---|---|
| First-year WSDA fees | US$230 (review, inspection, processing) |
| Second-year fee | US$125 annual inspection |
| Orders a month | 40 tins at US$20.00 |
| Sales a year (40 × 12 × US$20) | about $9,600 |
| Washington cap | US$35,000 per household |
| Fees as a share of first-year sales | about 2.4% |
| Menuthere plan | Free: 40 orders a month is within the Free plan's 50; customers pay when they collect, completing the sale in person |
| Menuthere commission | US$0.00 |
If her partner also bakes from the same home, their sales share the same US$35,000, because the cap is per residence. Price each tin in US dollars with the menu price calculator.
How to set up a Menuthere ordering page for Washington rules
- List only products on your WSDA permit, with allergens ticked (allergens and nutrition, every plan), and put your permit number and the statement in each description.
- Use pickup in
Settings → Ordering → Order types(order types) and have customers pay when they collect, so each sale is completed in person. Turn delivery off unless WSDA confirms your handover counts. - Ask for notice on big cakes: on Lite, mark them as dishes that need notice. Card payments online are a Lite feature too; check with WSDA before taking payment in advance.
- Track gross sales for the whole household against the US$35,000 cap; WSDA can ask for records.
Menuthere doesn't check Washington law for you; you choose the products and options. Ask the Washington Department of Revenue about sales tax on your products, and see our guide to sales tax on restaurant food.
Other states
California allows mail and third-party delivery, Colorado raises its cap to US$150,000 in 2027, and Texas needs no permit at all. Compare them all on the cottage food laws hub.
FAQs
Do I need a permit to sell cottage food in Washington State?
Yes. Washington requires a cottage food permit from the Washington State Department of Agriculture, issued after a review of your recipes and labels and an on-site inspection, and renewed every two years. You also need a food worker card and local zoning approval.
How much does a Washington cottage food permit cost?
US$230 to start: a US$75 public health review fee, a US$125 inspection fee and a US$30 processing fee. Each annual inspection after that costs US$125, and extra compliance visits are charged separately.
What is the Washington cottage food sales limit?
US$35,000 in gross sales a year, counted per home rather than per person. If you go over, you must stop for the rest of the permit period or get a food processing plant license. WSDA reviews the cap every four years for inflation.
Can I sell cottage food online in Washington?
You can show your products on a website, but WAC 16-149-040 requires any sale arising from it to be completed in person. Shipping, mail order, consignment, wholesale and sales outside Washington are prohibited.
Can I have pets and a cottage food permit in Washington?
Yes, with a pet control plan that keeps pets out of every cottage food area during operating hours and out of storage areas. Pets can never be in the production and packaging areas, and pet cages or litter can't be cleaned in the kitchen.
Can I take Washington cottage food orders through Menuthere?
Yes. A free Menuthere ordering page takes up to 50 orders a month with 0% commission. Use pickup and have customers pay when they collect, so each sale is completed in person as Washington's rules require.
Sources (2)
- Revised Code of Washington, chapter 69.22 (definitions incl. primary domestic residence and THC limit; labeling and 11-point statement; direct sales only, not by internet, mail order or outside the state; storage; two-year permit; US$75 review and US$30 processing fees; food worker permit; inspection before permitting and annually, US$125; US$35,000 gross per residence with four-year CPI review; penalties; exemption from local health permitting): app.leg.wa.gov/RCW/default.aspx?cite=69.22&full=true (accessed 20 Oct 2026)
- Washington Administrative Code, chapter 16-149 (effective January 11, 2024: prerequisites incl. master business license, well testing, food worker card; limitations incl. US$35,000, direct sales venues, website display with in-person completion, no shipping, mail order, consignment, wholesale or out-of-state sales, permit display, 50 recipes; application contents, pet and child control plans, six weeks, fees; production requirements; labeling incl. permit number and product label sheets; allowable products): app.leg.wa.gov/WAC/default.aspx?cite=16-149&full=true (accessed 20 Oct 2026)