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Cottage Food Law
OkayIJ Grade D

District of Columbia Cottage Food Law

D.C. Code §7-742.02

Tier: Okay. Sales caps under $25,000 and/or limited sales channels. Operable for a side business but you'll likely outgrow the rules at scale.

Sales cap

None

Allowed products

DC allows most non-potentially hazardous foods including baked goods, candies, condiments (honey, syrups, vinegars), dry goods, pastries, preserves, and snacks. The approved food list is specified in 25-K DCMR 103.5. Products not on the approved list may be submitted for department review with lab testing.

Registration

Registration: Yes. Food handler cert: Yes (specific course).

Statute

Code of the District of Columbia §7-742.02 (Cottage food businesses); implementing Cottage Food Amendment Act of 2013 (D.C. Law 20-63)

Citation: D.C. Code §7-742.02 · Last amended 2025
Verbatim excerpt

(b)(1) A cottage food business shall register with the Cottage Food Business Registry within the Department before beginning operation. (2) The Department may perform an inspection of the cottage food business before that business may sell its cottage food products. (3) The Department shall issue a cottage food business identification number and certificate to each registered cottage food business. Upon receipt of a cottage food business identification number and certificate, the cottage food business shall be authorized to produce, package, and sell the temperature control for safety food products on the approved food products list issued by the Department, set forth in section 103.5 of Title 25-K of the District of Columbia Municipal Regulations (25-K DCMR 103.5). The cottage food business shall not produce, package, or sell any food products that are not allowed by the Department nor use any processes and activities that are not allowed by the Department. (c) The owner of a cottage food business may sell only cottage food products that are: (1) Stored on the premises of the cottage food business; and (2) Prepackaged with a label that contains the following information: (A) The cottage food business identification number; (B) The name of the cottage food product; (C) The ingredients of the cottage food product in descending order of the amount of each ingredient by weight; (D) The net weight or net volume of the cottage food product; (E) Allergen information as specified by federal labeling requirements; (G) The following statement printed in 10-point or larger type in a color that provides a clear contrast to the background of the label: 'Made by a cottage food business that is not subject to the District of Columbia's food safety regulations.'

Source: code.dccouncil.gov/us/dc/council/code/sections/7-742.02.html
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Notes
DC requires inspection — unusual for a cottage food law. ServSafe Food Handler required. The original enabling legislation is D.C. Law 20-63 (Cottage Food Amendment Act of 2013), codified at D.C.
Official state handout

District of Columbia Cottage Food Law — Official Guidance Summary

DC Department of Health · D.C. Code §7-742.02 · DC Department of Health
Source — verify on the official site

Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.

District of Columbia's cottage food rules are set by D.C. Code §7-742.02. The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.

Program basics

What law governs cottage food in District of Columbia?
  • Code of the District of Columbia §7-742.02 (Cottage food businesses); implementing Cottage Food Amendment Act of 2013 (D.C. Law 20-63)
What is the annual sales cap?
  • None
Is registration or a permit required?
  • Yes
Is a food handler certificate required?
  • Yes (specific course)
Are kitchen inspections required?
  • Yes

Allowed products and sales channels

What foods are allowed?
  • DC allows most non-potentially hazardous foods including baked goods, candies, condiments (honey, syrups, vinegars), dry goods, pastries, preserves, and snacks. The approved food list is specified in 25-K DCMR 103.5. Products not on the approved list may be submitted for department review with lab testing.
What foods are prohibited?
  • Prohibited items include perishable baked goods, acidified foods, low-acid canned foods, pickles, fruit butters, salsas, sauces, ketchup, mustards, juices, meat jerkies, and pet food. All TCS (time/temperature control for safety) foods are prohibited.
Can I sell to retailers or restaurants (indirect sales)?
  • As of 2020 amendments, DC allows direct, online, retail (excluding restaurants and grocery stores), and wholesale sales to food establishments (expanded further in 2025 by B26-0025); sales must remain within the District.

Labeling

What labeling is required?
  • Labels must include the cottage food business identification number, product name, ingredients in descending order by weight, net weight/volume, allergen information per federal requirements, and the statement 'Made by a cottage food business that is not subject to the District of Columbia's food safety regulations' in at least 10-point contrasting type.

Statute excerpt

D.C. Code §7-742.02
What does the District of Columbia cottage food statute say?
  • (b)(1) A cottage food business shall register with the Cottage Food Business Registry within the Department before beginning operation. (2) The Department may perform an inspection of the cottage food business before that business may sell its cottage food products. (3) The Department shall issue a cottage food business identification number and certificate to each registered cottage food business.
  • Upon receipt of a cottage food business identification number and certificate, the cottage food business shall be authorized to produce, package, and sell the temperature control for safety food products on the approved food products list issued by the Department, set forth in section 103.5 of Title 25-K of the District of Columbia Municipal Regulations (25-K DCMR 103.5).
  • The cottage food business shall not produce, package, or sell any food products that are not allowed by the Department nor use any processes and activities that are not allowed by the Department.
  • (c) The owner of a cottage food business may sell only cottage food products that are: (1) Stored on the premises of the cottage food business; and (2) Prepackaged with a label that contains the following information: (A) The cottage food business identification number; (B) The name of the cottage food product; (C) The ingredients of the cottage food product in descending order of the amount of each ingredient by weight; (D) The net weight or net volume of the cottage food product; (E) Allergen information as specified by federal labeling requirements; (G) The following statement printed in 10-point or larger type in a color that provides a clear contrast to the background of the label: 'Made by a cottage food business that is not subject to the District of Columbia's food safety regulations.'

Official sources

Where should I verify these rules?
  • State agency cottage food page: https://dchealth.dc.gov/service/cottage-food-businesses
  • Statute: https://code.dccouncil.us/dc/council/code/sections/48-110.01.html

Summarized from official District of Columbia cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.

By Locality

District of Columbia Counties

1 county tracked. Pick yours for the local zoning + health department links.

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Major cities

City zoning rules in District of Columbia

City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.

Washington
American Legal Publishing
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Common questions

District of Columbia cottage food law — FAQ

Do I need a license or permit to sell homemade food in District of Columbia?

Yes — Yes. Food handler certification: Yes (specific course).

What foods can I sell under the District of Columbia cottage food law?

DC allows most non-potentially hazardous foods including baked goods, candies, condiments (honey, syrups, vinegars), dry goods, pastries, preserves, and snacks. The approved food list is specified in 25-K DCMR 103.5. Products not on the approved list may be submitted for department review with lab testing.

Is there a sales cap for cottage food in District of Columbia?

None

How good is District of Columbia's cottage food law?

District of Columbia is a Okay-tier cottage food state by Crosodo's rating criteria. Sales caps under $25,000 and/or limited sales channels. Operable for a side business but you'll likely outgrow the rules at scale.

Important

Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with DC Department of Health and your local health department before relying on this data.