Credit: Keelworks Legal Research
https://keelworks.org
District of Columbia
Overview
The District of Columbia Cottage Food Laws Act of 2013 allows residents to prepare and sell
certain non-potentially hazardous foods from their home kitchens. These foods must be shelf-
stable and safe without refrigeration. The law supports small-scale food entrepreneurs by
allowing direct sales to consumers at farmers markets and public events, while ensuring food
safety through licensing, training, labeling, and compliance requirements established by DC
Health.

1. Licensing and Registration Requirements
   To operate a Cottage Food Business in Washington, DC, individuals must:
    Obtain a Home Occupancy Permit from the Department of Consumer and Regulatory
   Affairs (DCRA).
    Complete a Certified Food Protection Manager (CFPM) Certification and obtain a
   DC-issued ID.
    Provide proof of calibrated scales if selling food by weight.
    Submit a Cottage Food Business Registry Application with a $50 fee to DC Health.
    Verify any additional local licensing requirements if applicable.
2. Allowed Cottage Foods
   DC allows preparation and sale of non-potentially hazardous, shelf-stable foods, including:
    Breads, cakes, cookies, and pastries
    Jams, jellies, and preserves
    Popcorn and kettle corn
    Other approved shelf-stable foods
   Certain foods are pre-approved and do not require testing, while others may need approval.
3. Prohibited Foods

 Foods requiring time and temperature control for safety (TCS foods) are not allowed.
 Perishable foods such as meat, dairy-based products, and refrigerated foods are
prohibited unless incorporated into approved shelf-stable products.
 Non-approved foods must undergo testing and regulatory approval.

4. Annual Sales Limit
    Cottage food businesses in DC are limited to $25,000 in annual revenue.
    Businesses exceeding this limit must transition to a licensed commercial food facility.
5. Acidity Levels and pH Testing Requirements
    Food safety is determined based on pH levels, which affect microbial growth.
    Foods with a pH below 4.6 are considered safe acidic foods.
    If food is not pre-approved, pH testing at a state-accredited laboratory is
   required before approval.
6. Labeling Requirements
   All cottage food products must include:
    Cottage food business identification number
    Product name
    Ingredient list in descending order by weight
    Net weight or volume
    Allergen declaration
    Nutritional information (if applicable)
    Required statement:
   “Made by a cottage food business that is not subject to the District of Columbia’s food
   safety regulations.”
7. Allergen Labeling Requirements
   Major allergens must be declared, including:
    Milk, eggs, wheat, soy
    Peanuts and tree nuts
    Fish and shellfish

 Sesame
This ensures consumer safety and regulatory compliance.

8. Sales and Distribution Restrictions
    Products must be sold directly to consumers only, such as at farmers markets or public
   events.
    Wholesale and retail distribution through third parties is prohibited.
    Online sales and mail delivery are not allowed, but advertising online is permitted.
9. Food Safety Training and Certification
   Operators must complete approved food safety training, including:
    Certified Food Protection Manager certification
    Food processing and safe handling training
   This ensures proper food safety practices and compliance.
10. Sanitation and Safe Food Handling Practices
    Key sanitation requirements include:
     Cleaning and sanitizing equipment and surfaces regularly
     Preventing cross-contamination
     Maintaining proper personal hygiene
     Keeping pets and sick individuals away from food preparation areas
     Ensuring pest control and hygienic kitchen conditions
11. Recordkeeping Requirements
    Operators should maintain records such as:
     Recipes and preparation procedures
     Production dates and batch numbers
     Sales and distribution records
     Ingredient and batch traceability information

Recordkeeping supports food safety, traceability, and regulatory compliance.

12. Liability Insurance Recommendation
    Liability insurance is strongly recommended to:
     Protect against legal claims
     Cover financial and legal risks
     Ensure business continuity and security
13. Regulatory Compliance and Business Growth
     Cottage food businesses must comply with DC Health regulations and registration
    requirements.
     Products requiring testing must be approved before sale.
     Businesses exceeding cottage food limits must obtain a commercial food establishment
    license.
    Link: https://cottagefoodlaws.com/dc-cottage-food-laws/

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