DC Cottage Food Law 2026: Registry, Online, Wholesale Sales

The District of Columbia lets cottage food businesses sell approved non-potentially hazardous foods made in a residential kitchen after registering with DC Health's Cottage Food Business Registry. There is no sales cap. Since June 10, 2025, sales may be direct, retail, online or wholesale to licensed food establishments, but only within the District. This guide covers what you can sell, how you can sell, labeling and when you need a license instead.

Disclaimer: This page is general information, not legal advice. Laws change, and zoning, HOA and tax rules vary. Confirm current requirements with DC Health's Division of Food, or with an attorney, before you start selling.

Quick facts

Cottage food businesses must register with the Cottage Food Business Registry at DC Health before operating. D.C. Code 7-742.02(b)
A home occupancy permit is required. D.C. Code 7-742.01
DC Health's 2021 FAQ lists a registration fee of $50 for two years. Confirm the current fee with DC Health. DC Health Cottage Food FAQ
There is no revenue cap. D.C. Law 23-61 repealed it in 2020. D.C. Code 7-742.01; D.C. Law 23-61
Sales may be direct, retail, online and wholesale to licensed food establishments, within the District. D.C. Code 7-742.01
Selling or shipping outside the District is not allowed. DC Health Cottage Food FAQ

What the law calls it

DC uses "cottage food business" and "cottage food product," meaning a non-potentially hazardous food specified in DC Health regulations. D.C. Code 7-742.01

Foods you can sell

Only products on DC Health's approved list in 25-K DCMR 103.5: baked goods without cream, custard, cheese or meat fillings; unfilled baked donuts; waffle cones; pizzelles; roasted coffee; cakes, including celebration cakes; cereals, trail mixes and granola; candies; pastries, pies, brownies, cookies and tortillas; snacks such as caramel corn, nuts, dried fruits, crackers, pretzels and popcorn; fruit pies, empanadas and tamales; jams, jellies, syrups, marmalades and preserves; honey and honeycomb; dried pasta; dry herbs and seasoning blends; dry tea blends; dry baking mixes; and vinegars. 25-K DCMR 103; D.C. Code 7-742.02(b)
Honey sellers must show they are registered with the Department of Energy and Environment under the District's beekeeping law. 25-K DCMR 103
Products not on the list need lab results for pH and water activity and DC Health approval. 25-K DCMR 103
The regulation still says the listed foods may be sold "at farmers markets or public events." Later amendments to the D.C. Code expanded sales to direct, retail, online and wholesale channels within the District. 25-K DCMR 103; D.C. Code 7-742.01
Homegrown fruits and vegetables may be used if they are baked into the product. DC Health Cottage Food FAQ

Foods you cannot sell

Time/temperature control for safety foods, alcohol, pet treats, canned fruits, vegetables, vegetable butters and salsas, meat and poultry including dehydrated meat, fruit butters and pressed juices. DC Health Cottage Food FAQ
Baked goods may not be decorated with fresh fruits or vegetables. DC Health Cottage Food FAQ

Sales limit

None. The cap was repealed by D.C. Law 23-61, effective March 10, 2020. D.C. Code 7-742.01; D.C. Law 23-61

Where and how you can sell

Direct, retail and online sales to consumers within the District. D.C. Code 7-742.01
Wholesale: allowed to licensed food establishments within the District since D.C. Law 26-7 took effect June 10, 2025. D.C. Code 7-742.01; DC Health Cottage Food Businesses page
DC Health's 2021 FAQ says cottage foods may not be sold to restaurants or grocery stores. That predates the 2025 law change, so ask DC Health before selling wholesale. DC Health Cottage Food FAQ
Shipping: the law limits sales to within the District, and DC Health says not to sell or ship outside the District. D.C. Code 7-742.01; DC Health Cottage Food FAQ

Labeling rules

Products must be prepackaged with the cottage food business ID number, product name, ingredients by weight, net weight or volume, allergen information and nutrition information if a claim is made. D.C. Code 7-742.02(c)
The label must say "Made by a cottage food business that is not subject to the District of Columbia's food safety regulations." in 10-point or larger type in a contrasting color. D.C. Code 7-742.02(c)
Hermetically sealed jars, reduced oxygen packaging and polystyrene containers are not allowed. DC Health Cottage Food FAQ

Registration and kitchen rules

Before applying, get a home occupancy permit from the Department of Buildings, a Certified Food Protection Manager certification, a DC-issued CFPM ID card and, if selling by weight, proof of calibrated scales. DC Health Cottage Food Businesses page
Food must be made and stored in the kitchen of the owner's primary residence in DC. Sheds, garages, rented kitchens and second homes are not allowed. DC Health Cottage Food FAQ; D.C. Code 7-742.02(c)
The law does not exempt cottage food businesses from tax laws. D.C. Code 7-742.02(a)

Zoning, HOAs and local rules

A home occupancy permit from the Department of Buildings is required before you apply. D.C. Code 7-742.01; DC Health Cottage Food Businesses page
Check your HOA or condo documents, since DC Health does not review private covenants.

Inspections

DC Health may do a pre-operational inspection and may inspect after complaints. D.C. Code 7-742.02(b); D.C. Code 7-742.02(d)

When you need a license instead

Foods not on the approved list and sales outside the District require a licensed food establishment. DC also has a separate Microenterprise Home Kitchen program. D.C. Code 7-742.02(b)

Timeline

Jan. 25, 2014: the Cottage Food Act of 2013 (D.C. Law 20-63) took effect. It applied as of Oct. 1, 2015. D.C. Code 7-742.01
Dec. 29, 2017: DC Health's cottage food regulations, including the approved food list, took effect (64 DCR 13555). 25-K DCMR 103
March 10, 2020: D.C. Law 23-61 removed the revenue cap and broadened sales. D.C. Law 23-61
June 10, 2025: D.C. Law 26-7 allowed wholesale to licensed food establishments. D.C. Code 7-742.01
Oct. 13, 2026: this page was last reviewed against the D.C. Code.

Frequently asked questions

Do I need a license to sell cottage food in DC?

No license, but you must register with DC Health's Cottage Food Business Registry and have a home occupancy permit. Sources: D.C. Code 7-742.02(b); D.C. Code 7-742.01.

How much does DC cottage food registration cost?

DC Health's FAQ lists $50 for two years. Source: DC Health Cottage Food FAQ.

Is there a sales cap in DC?

No. The cap was repealed in 2020. Source: D.C. Law 23-61.

Can I sell cottage food online in DC?

Yes, within the District. Source: D.C. Code 7-742.01.

Can I ship cottage food outside DC?

No. Source: DC Health Cottage Food FAQ.

Can I sell to restaurants or cafes in DC?

Yes. Since June 10, 2025, the law allows wholesale to licensed food establishments within the District. Source: D.C. Code 7-742.01.

Can I sell canned salsa or apple butter in DC?

No. Canned salsas, vegetables and fruit butters are prohibited. Source: DC Health Cottage Food FAQ.

Do I need food safety certification?

DC Health lists a Certified Food Protection Manager certification and DC-issued ID card. Source: DC Health Cottage Food Businesses page.

What must a DC cottage food label say?

Your ID number, product name, ingredients, net weight, allergens and the required statement. Source: D.C. Code 7-742.02(c).

Will DC Health inspect my kitchen?

It may inspect before you open and after complaints. Source: D.C. Code 7-742.02(b).

Official sources

This page is general information, not legal advice. Laws change, and zoning, HOA and tax rules vary. Confirm current requirements with DC Health's Division of Food, or with an attorney, before you start selling.

District of Columbia Cottage Food Laws