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Selling homemade food in District of Columbia means your label has to follow the DC Cottage Food Program — Cottage Food Amendment Act of 2013 (D.C. Law 20-63; D.C. Official Code § 7-742.01 et seq., labeling at § 7-742.02(c)(2)); regulations at Title 25-K DCMR (Cottage Food Regulations), Section 104. Amended by D.C. Law 26-7 (2025). Here is exactly what that label must show in 2026 — the required fields, the allergen rule, and the verbatim disclaimer and its font size — sourced to the statute and dated.
Print this statement on the label, word for word:
The statement must be printed in ten (10)-point or larger type letters, in a color that provides a clear contrast to the background of the label (D.C. Official Code § 7-742.02(c)(2)(G); 25-K DCMR 104). Verified verbatim against the DC Code, including the terminating period. The regulation's sample label shows the statement in all capital letters, but the statute/regulation mandate only the 10-pt minimum and contrasting color, not capitalization.
The District of Columbia runs a registration program, not an exemption. The governing statute is Subchapter III of Chapter 7A of Title 7 of the D.C. Official Code, 'Cottage Foods', which runs from § 7-742.01 to § 7-742.03 and nothing further — there is no § 7-742.04 (that URL returns HTTP 404 on the official code site). It was created by the Cottage Food Amendment Act of 2013 (D.C. Law 20-63, effective January 25, 2014), rewritten by the Cottage Food Expansion Amendment Act of 2019 (D.C. Law 23-61, effective March 10, 2020), and last touched by D.C. Law 26-7, § 3(b), effective June 10, 2025. Eligibility is defined by § 7-742.01(2): a 'cottage food business' is a business that '(A) Produces or packages cottage food products in a residential kitchen; (B) Sells the cottage food products in accordance with § 7-742.02 and regulations adopted by the Department of Health; and ... (D) Has obtained a home occupancy permit from the Department of Consumer and Regulatory Affairs pursuant to section 203 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR Section 203).' Subparagraph (C) of that definition now reads simply 'Repealed.' — that is where the old annual revenue ceiling used to sit, and its removal is the single most important thing to know about DC eligibility (see sales_cap). Three consequences follow from the definition. First, the kitchen must be residential and it must be yours: the DC Health FAQ answers 'Can I sell food prepared in a rented kitchen?' with 'No. Not as a cottage food business owner. By definition you can only prepare food in the residential kitchen that is located at the address listed on the Cottage Food Business Registry Application', and it forbids production or storage in a shed or garage — 'Cottage food products can only be prepared and packaged in a kitchen that is located within the primary residence of the cottage food business owner'. Second, the residence must be in the District: the FAQ says the primary residence 'needs to be in Washington, DC'. Third, a home occupancy permit is a precondition of being a cottage food business at all, not a side formality — the statute writes it into the definition. Note the agency drift on that permit: § 7-742.01(2)(D) still names the Department of Consumer and Regulatory Affairs, an agency since split, while DC Health's own program page now links the Home Occupancy Permit to the DC Department of Buildings (DOB) and the parallel microenterprise home kitchen definition at § 7-742.11(3)(C) names the Department of Licensing and Consumer Protection. The permit requirement is real; go to DOB and expect the statutory name to be stale. One more boundary worth naming: cottage food is not the only home-kitchen route in DC. Subchapter III-A, 'Microenterprise Home Kitchens' (§ 7-742.11 et seq., added by D.C. Law 25-21, effective July 1, 2023, with its own regulations at 25-L DCMR), permits a home operator to sell ready-to-eat and time/temperature-control food under a microenterprise home kitchen permit — and § 7-742.11(3)(F) expressly provides that a microenterprise home kitchen business 'Is not a catering business, cottage food business, bed and breakfast, residence-based group home facility, or food truck'. The two programs are mutually exclusive by definition. If your product is hot, refrigerated, or otherwise temperature-controlled, cottage food is the wrong door and the microenterprise home kitchen permit is the one to ask about; this fiche does not cover its terms.
Allowed:
Not allowed under the program:
No cap. The former $25,000 annual revenue ceiling was REPEALED and is no longer in force. It originated in the Cottage Food Amendment Act of 2013 at § 7-742.01(2)(C), and the version reproduced in the 2017 rulemaking read: 'Has annual revenues from the sale of cottage food products in an amount not exceeding twenty-five thousand dollars ($25,000)'. In 2017 the Department told commenters who wanted the figure raised to $50,000 that it could not oblige: 'No changes were made due to D.C. Official Code § 7-742.01(2)(C). The annual revenues sale of $25,000 is set by the Cottage Food Amendment Act of 2013 ... and cannot be changed by regulation.' The Council then removed it. The Cottage Food Expansion Amendment Act of 2019 (D.C. Law 23-61, effective March 10, 2020) is titled, in its own enacting clause, an act 'To amend Part C of the Department of Health Functions Clarification Act of 2001 to remove the annual revenue cap on cottage food businesses, to revise preoperational inspection requirements, and to allow all direct sales of cottage food products', and its section 2(a)(1)(B) provides that 'Subparagraph (C) is repealed.' The current official text of § 7-742.01(2)(C) reads 'Repealed.' Since March 10, 2020 there has been no dollar limit, no volume limit and no batch limit on a DC cottage food business anywhere in § 7-742.01 to § 7-742.03 or in 25-K DCMR. Two traps follow. The repealed $25,000 figure still appears in the definitions section of the un-amended 2017 regulations (25-K DCMR 999/991 definitions, as published at 64 DCR No. 52) because that subtitle has never been updated; the former amount there is superseded by the statute and unenforceable. And any secondary guide still quoting a $25,000 DC cap is describing law repealed more than six years ago. What DC limits instead is the food (the closed 103.5 list plus the 105/106 prohibitions), the kitchen (your own primary residence), and the geography (District only).
Registration is handled by DC Health (Department of Health), Division of Food Safety and Hygiene, which maintains the Cottage Food Business Registry (CFBR) — defined at § 7-742.01(1) as 'the Cottage Food Business Registry within the Department of Health'. § 7-742.02(b)(1): 'A cottage food business shall register with the Cottage Food Business Registry within the Department before beginning operation.' 25-K DCMR 102.1 puts it as a prohibition: 'No one shall operate as a cottage food business or produce, package, store, or sell cottage food products without first obtaining a Cottage Food Business Registry Identification Number and Certificate issued by the Department.' Applications now go through the Division of Food Safety Portal linked from the DC Health program page. Contact of record on that page: food.safety@dc.gov and 202-535-2180. Registration is not a licence — the FAQ answers 'Do I need a license for my cottage food operation?' with 'No. However, the owner of a cottage food business must obtain a Cottage Food Business Registration Certificate'..
Fee: $50 for a two-year Cottage Food Business Registration Certificate, per 25-K DCMR 102.2(g) — 'A registration fee in the amount of fifty dollars ($50) for one (1) Cottage Food Business Registration Certificate that is valid for a two (2) year period' — confirmed by the DC Health FAQ: 'The fee is $50.00 for 2 years.' Additional certificates cost $5.00 each (25-K DCMR 102.3). Real costs sit outside this fee and are not set by 25-K: the Home Occupancy Permit from DOB, the CFPM course and exam, the DC-issued CFPM ID card, scale certification if selling by weight, DOEE beekeeping registration for honey, and any 103.3 laboratory analysis of pH and water activity for an off-list product. NOT CONFIRMED: the current amounts of those collateral fees, and whether the $50/$5 figures have been changed by a fee schedule outside 25-K DCMR since 2017 — the DC Health program page no longer prints a fee, and the $50 figure is confirmed only against the 2017 rule and the August 2021 FAQ.
Renewal: Two years, tied to the inspection date rather than the application date. 25-K DCMR 102.7(a): the identification number 'shall be valid for two (2) years from the passing date of the food safety inspection', and 102.7(c)(3) requires an expiration date on the certificate. The $50 fee buys that two-year term (102.2(g)). The CFPM certificate runs on its own three-year clock from the exam date (102.2(d)), so the two cycles drift apart. NOT CONFIRMED: the renewal mechanics — whether renewal is a fresh registry application or a shorter renewal filing, whether the $50 is charged again, whether a new preoperational inspection is triggered, and how far in advance to file. Neither 25-K DCMR nor the FAQ nor the DC Health page describes a renewal procedure; ask the Division of Food Safety and Hygiene at food.safety@dc.gov.
Yes — and this is where DC is stricter than most cottage food jurisdictions. The requirement is not a food handler card but a manager-level credential: 25-K DCMR 102.2(c) requires 'Proof of successfully passing a nationally accredited Certified Food Protection Manager Course approved by the Department', and 102.2(d) requires 'A District-issued Certified Food Protection Manager Certificate, obtained by the owner(s) of the cottage food business, which shall be valid for three years from the date of exam'. DC Health's program page confirms both pieces as things to 'Review and Obtain Before You Apply': the CFPM certification, and the 'DC-Issued Certified Protection Manager ID-Card, Issued by DC Health based on your CFPM Certification'. Read 102.2(d) carefully on scope — it says 'the owner(s)', plural, so in a co-owned business the natural reading is that each owner holds the certificate. The three-year validity runs from the exam date, not from registration, which means the credential can expire in the middle of a two-year registration term. NOT CONFIRMED: which specific CFPM examinations DC Health accepts as 'nationally accredited ... approved by the Department' (the ANSI/CFP-accredited exams are the usual field, but no official DC list was located for this fiche), the cost and process of the DC-issued ID card, and whether every co-owner or only one owner must be certified. Confirm all three with the Division of Food Safety and Hygiene before paying for a course. Nothing in § 7-742.01 to § 7-742.03 imposes training; the entire requirement lives in the regulation, which means it is also the requirement most exposed if 25-K DCMR is ever rewritten.
Pre-operational inspection is discretionary since 2020; complaint inspection is a standing power you consent to in advance. The 2019 Act deliberately loosened the front end: D.C. Law 23-61, § 2(b)(1) amended § 7-742.02(b)(2) 'by striking the phrase "shall perform" and inserting the phrase "may perform"', so the statute now reads 'The Department may perform an inspection of the cottage food business before that business may sell its cottage food products.' DC Health states it that way — 'a pre-operational inspection may be required prior to commencing operations' — and the FAQ answers 'Am I required to have my home kitchen inspected before being approved?' with 'Maybe, if DC Health determines a preoperational inspection is necessary based on your registry application.' The 2017 regulation was never conformed: 25-K DCMR 102.6 still says the Department 'shall conduct a preoperational inspection of the applicant's premises within fourteen (14) business days of application approval'. Treat the inspection as likely, scheduled, and in-hours: 25-K DCMR 108.1 provides that preoperational inspections happen 'on an agreed upon scheduled date and time during normal business hours from Monday through Friday'. The back end has no discretion in it. § 7-742.02(b)(4) gives the Department authority 'to enter the premises of a cottage food business registered with the CFBR to conduct a pre-operational inspection and to investigate complaints'; § 7-742.02(d)(1) and (2) let it investigate any complaint and 'at a reasonable time' enter and inspect; § 7-742.02(d)(3) forbids the owner to refuse access or interfere; and § 7-742.02(d)(4) allows sampling of product 'to determine if the cottage food product is misbranded or adulterated'. 25-K DCMR 107.1 adds that all products are subject to collection and testing and that 'The Department shall collect cottage food products without cost' — the samples are free to the government. 25-K DCMR 108 carries the enforcement tail: a Department representative presents credentials and requests entry (108.4), the owner must grant it (108.5), failure to contact the Department within a stated seventy-two (72) hour window after a missed inspection has consequences (108.7), and 108.10 authorises summary suspension of the Cottage Food Business Registry Identification Number, which stays suspended until the cited conditions are corrected (108.11). The FAQ's answer to 'Must I allow a DC Health inspector into my home?' is 'Yes.' NOT CONFIRMED: whether DC Health conducts any routine periodic re-inspection of a registered cottage food business outside of renewal and complaints — 25-K DCMR 108.2 provides for inspection of registered premises but this fiche found no published inspection frequency.
The District is a single jurisdiction, so there is no county or municipal layer to check — which is the one simplification DC offers. What replaces it is a stack of other District requirements that the cottage food registration does not cover. Zoning and land use come first and are not optional: the Home Occupancy Permit under 11 DCMR Section 203 is written into the statutory definition of a cottage food business at § 7-742.01(2)(D), so a home occupation that cannot be permitted cannot be a cottage food business. Tax and business registration are untouched: § 7-742.02(a)(2) provides that the subchapter shall not 'Exempt a cottage food business from any applicable District or federal tax laws'. The licensed-establishment world stays separate: § 7-742.02(a)(1) says the section does not apply 'to a food establishment that is required to have a license under Department regulations', and § 7-742.03(b) confirms that 'A food establishment shall not include a cottage food business'. § 7-742.03(a) closes the loop from the restaurant side — 'Food prepared or stored in a private home shall not be used or offered for human consumption in a food establishment', except under 25-A DCMR 3806 or when prepared by a cottage food business. Product-specific District rules ride along: honey requires DOEE beekeeping registration under the Sustainable Urban Agriculture Apiculture Act of 2012 (25-K DCMR 103.5(m)), scales sold-by-weight require DLCP Weights and Measures certification (102.2(b)), and polystyrene food service ware is banned District-wide. Finally, rulemaking authority for the whole subchapter sits with the Mayor under § 7-742.02(e), subject to a 60-day Council review in which proposed rules are 'deemed approved' if the Council neither approves nor disapproves them — which is the procedural channel any future update to the closed food list or the fee would come through, and worth watching in the DC Register.
Program sources: D.C. Official Code § 7-742.01, Definitions (Subchapter III, Cottage Foods) — definitions of CFBR, cottage food business with subparagraph (C) reading 'Repealed.', cottage food business identification number and certificate, cottage food product including the 2025 'wholesale to licensed food establishments' language, and food establishment; legislative history through 'June 10, 2025, D.C. Law 26-7, § 3(b), 72 DCR 4878'. Fetched by direct curl, HTTP 200, text extracted locally — https://code.dccouncil.gov/us/dc/council/code/sections/7-742.01 · D.C. Official Code § 7-742.02, Cottage food businesses — registration duty, discretionary preoperational inspection ('may perform'), issuance of identification number and certificate with the 'temperature control for safety food products' phrasing, the seven mandatory label elements and the 10-point disclaimer, complaint investigation and right of entry, sampling, and the Mayor's rulemaking authority with 60-day Council review. Fetched by direct curl, HTTP 200 — https://code.dccouncil.gov/us/dc/council/code/sections/7-742.02 · D.C. Official Code § 7-742.03, Cottage food prepared or stored in a private home — bar on home-prepared food in a food establishment, and exclusion of cottage food businesses from the definition of food establishment; added by D.C. Law 23-61. Fetched by direct curl, HTTP 200. This is the LAST section of the subchapter: /sections/7-742.04, /7-742.05 and /7-742.06 each returned HTTP 404 — https://code.dccouncil.gov/us/dc/council/code/sections/7-742.03 · D.C. Law 23-61, Cottage Food Expansion Amendment Act of 2019, effective March 10, 2020 (67 DCR 572; D.C. Act 23-193) — full enacting text read verbatim: an act 'to remove the annual revenue cap on cottage food businesses, to revise preoperational inspection requirements, and to allow all direct sales'; § 2(a)(1)(B) 'Subparagraph (C) is repealed.'; § 2(a)(3) striking 'at a farmer's market or public event'; § 2(b)(1) 'shall perform' to 'may perform'; § 2(b)(2) rewriting § 7-742.02(b)(3); § 2(c) adding § 7-742.03. Fetched by direct curl, HTTP 200 — https://code.dccouncil.gov/us/dc/council/laws/23-61 · D.C. Law 26-7, Certificate of Need Improvement Amendment Act of 2025, effective June 10, 2025 — verified that its only cottage food provision is § 3(b), amending § 7-742.01(3) by striking 'through direct, retail, and online sales,' and inserting 'through direct, retail, wholesale to licensed food establishments, and online sales,'. Retrieved via WebFetch, which returned the section-by-section including the struck and inserted language; the rest of the act concerns Certificate of Need. Cross-checked against the amendment note printed in the codified § 7-742.01 — https://code.dccouncil.gov/us/dc/council/laws/26-7 · D.C. Law 20-63, Cottage Food Amendment Act of 2013, effective January 25, 2014 (60 DCR 16530) — the originating act. Its section 2 is marked '[HTML Unavailable (PDF)]' on the law library page, so the original $25,000 cap language was NOT read from the act itself; it was read from the Department's 2017 rulemaking, which reproduces the then-current statutory definition, and its repeal is established from D.C. Law 23-61 — https://code.dccouncil.gov/us/dc/council/laws/20-63 · Cottage Food Regulations, Title 25-K DCMR, as published in the District of Columbia Register, Vol. 64 No. 52, December 29, 2017, pp. 013554 et seq. — sections 100 through 109 plus the definitions section and the full Department response to public comments (including the refusal to raise the then-statutory $25,000 cap by regulation). Downloaded by direct curl from dchealth.dc.gov (HTTP 200, 217,148 bytes), converted with pdftotext -layout and read in full — https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Cottage%20Food%20Regs%20-%20as%20published%2012-29-17_0.pdf · DC Office of Documents and Administrative Issuances, DCRegs chapter listing for 25-K1 (Subtitle 25-K, COTTAGE FOOD REGULATIONS) — fetched by direct curl, HTTP 200; shows sections 25-K100 through 25-K109 each with Latest Version effective date 12/29/2017, which is the evidence that the regulations have never been conformed to the 2020 or 2025 statutory amendments. The Title 25 subtitle list from the same site confirms the existence of Subtitle 25-L, MICROENTERPRISE HOME KITCHEN REGULATIONS — https://dcregs.dc.gov/Common/DCMR/RuleList.aspx?ChapterNum=25-K1 · DC Health, Cottage Food Regulations Frequently Asked Questions, dated August 2021, 25 questions — source for the rented-kitchen, shed/garage, second-home, primary-residence-in-DC, $50-for-2-years, 'maybe' preoperational inspection, no-license, mandatory-entry, alcohol, pet treats, canning, dehydrated meat, fruit butters, pressed juice, homegrown produce, packaging and tree-nut answers. Downloaded by direct curl (HTTP 200, 228,252 bytes), converted with pdftotext and read in full. CAUTION, stated in the fiche: its answer to Q2 ('Can I sell my cottage food products to restaurants or grocery stores? No.') and its Q19 recital of 'direct, retail, and online sales' are SUPERSEDED by D.C. Law 26-7 as of June 10, 2025; the document has not been reissued — https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Cottage%20Food%20FAQ.pdf · DC Health, 'Cottage Food Businesses' program page — fetched by direct curl (HTTP 200) and body text extracted locally; source for the agency's own description of the 2025 amendment, the 'retail (excluding sales to restaurants and grocery stores)' phrasing, the Division of Food Safety Portal application route, the pre-application document list (Home Occupancy Permit from DOB, calibrated scale proof from DLCP Weights and Measures, CFPM certification, DC-issued CFPM ID card), the discretionary pre-operational inspection, and the contact details food.safety@dc.gov / 202-535-2180. Note the page is JavaScript-gated for some fetchers; the content was recovered from the served HTML — https://dchealth.dc.gov/publication/cottage-food-businesses · D.C. Official Code § 7-742.11, Definitions (Subchapter III-A, Microenterprise Home Kitchens; added by D.C. Law 25-21, effective July 1, 2023) — read for the boundary only: § 7-742.11(3)(F) provides that a microenterprise home kitchen business 'Is not a catering business, cottage food business, bed and breakfast, residence-based group home facility, or food truck', and the subchapter's 'ready-to-eat food' and 'time or temperature control food' definitions mark the alternative route for temperature-controlled home food. Fetched by direct curl, HTTP 200. The permit terms, fees and training of that program were not researched — https://code.dccouncil.gov/us/dc/council/code/sections/7-742.11 · SECONDARY, used only to locate the 2025 amendment and to check for pending rulemaking, and not relied on for any figure: DC Food Policy Council, 'ACTION ALERT: Cottage Food Law Updates' (March 2, 2026) — describes the enacted wholesale change and mentions no pending proposed regulations or comment period. Every fact it asserts that appears in this fiche was re-verified against the D.C. Code or 25-K DCMR — https://dcfoodpolicy.org/2026/03/02/cottage-food-act-regulations/
DC is a registration-and-inspection jurisdiction, not a pure exemption — every label must carry a DC Health-issued Cottage Food Business Identification Number, so the number is not optional and cannot be omitted the way a home address can be. The mandated disclaimer is unusually blunt: it tells buyers verbatim that the product is 'not subject to the District of Columbia's food safety regulations,' which many first-time sellers hesitate to print but must include word-for-word. DC also uniquely bans Styrofoam (polystyrene) food-service containers and prohibits home canning, so packaging choices are constrained before you even reach the label.
The Cottage Food Business Identification Number is a required label element, but it is only issued after your Cottage Food registration application (and any pre-operational inspection) is approved. You cannot legally sell — or complete a compliant label — before registration is done.
DC requires the specific tree nut to be named (e.g. 'almonds,' not 'nuts') and sub-ingredients spelled out (e.g. 'butter (milk, salt)'). A vague ingredient list voids labeling compliance even if the disclaimer is perfect. Sesame is now a 9th federal major allergen and must be disclosed when present.
The statute fixes the exact sentence — 'Made by a cottage food business that is not subject to the District of Columbia's food safety regulations.' Paraphrasing it, softening it, or borrowing another state's wording breaks compliance. It must appear in 10-point-or-larger type in a color that clearly contrasts with the label background; light gray on white or shrinking it to fit a small label fails.
DC limits cottage foods to items on the DC Health approved list (25-K DCMR 103.5). No canned goods, no acidified/low-acid foods, no reduced-oxygen packaging, and no refrigeration-required items — selling an unlisted product is prohibited no matter how well it's labeled.
Timeline: Registration approval typically takes a few weeks after submitting the Cottage Food registration application; a pre-operational inspection may be required before you can begin, so budget several weeks. Confirm current processing time with DC Health.
Cost: $50.00 — one-time Cottage Food Business Registration Certificate fee (reprints $5.00 each). Possible added costs: Certified Food Protection Manager certification, a Home Occupancy Permit from the DC Dept. of Buildings, and calibrated-scale proof from DLCP Weights and Measures if selling by weight. Confirm current fees with DC Health.
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Make my District of Columbia label →District of Columbia requires this exact statement on a cottage food label: “Made by a cottage food business that is not subject to the District of Columbia's food safety regulations.” It must be set at a minimum of 10-point type.
Yes. In District of Columbia the permit / registration number must appear on the label.
At minimum: product name — the common name of the food; your business / producer name; the address of the cottage food operation; a complete ingredient list, in descending order by weight (sub-ingredients included); an allergen declaration — the 9 major FDA allergens, in the ingredient list or a “Contains:” line; net weight, in US customary and metric units; the state's required disclaimer at a minimum of 10-point type (see below); your permit / registration number.
Registration in District of Columbia goes through DC Health (Department of Health), Division of Food Safety and Hygiene, which maintains the Cottage Food Business Registry (CFBR) — defined at § 7-742.01(1) as 'the Cottage Food Business Registry within the Department of Health'. § 7-742.02(b)(1): 'A cottage food business shall register with the Cottage Food Business Registry within the Department before beginning operation.' 25-K DCMR 102.1 puts it as a prohibition: 'No one shall operate as a cottage food business or produce, package, store, or sell cottage food products without first obtaining a Cottage Food Business Registry Identification Number and Certificate issued by the Department.' Applications now go through the Division of Food Safety Portal linked from the DC Health program page. Contact of record on that page: food.safety@dc.gov and 202-535-2180. Registration is not a licence — the FAQ answers 'Do I need a license for my cottage food operation?' with 'No. However, the owner of a cottage food business must obtain a Cottage Food Business Registration Certificate'.. Get a Home Occupancy Permit first. It is part of the statutory definition of a cottage food business (§ 7-742.01(2)(D)) and the first document 25-K DCMR 102.2(a) demands, 'original only'. The statute names DCRA; DC Health's current page routes applicants to the DC Department of Buildings (DOB). Zoning is the substance behind it — 11 DCMR Section 203 governs home occupations. Pass a Certified Food Protection Manager course and get the DC card. 25-K DCMR 102.2(c) and (d) require 'Proof of successfully passing a nationally accredited Certified Food Protection Manager Course approved by the Department' and 'A District-issued Certified Food Protection Manager Certificate, obtained by the owner(s) of the cottage food business, which shall be valid for three years from the date of exam'. DC Health's page lists both the CFPM certification and the separate 'DC-Issued Certified Protection Manager ID-Card, Issued by DC Health based on your CFPM Certification'. Two documents, two steps. If you will sell by weight, obtain proof of calibrated scales (25-K DCMR 102.2(b)); DC Health directs applicants to the DLCP Office of Weights and Measures. List every product you intend to make, drawn from 25-K DCMR 103.5 (102.2(e)) — 'The Department may request a copy of recipes if deemed necessary'. This list is binding: 102.4(a) has the applicant attest that they understand 'that only the cottage food products listed on their registry application are authorized', and the FAQ answers 'Can I sell foods not listed on the Cottage Food Business Registry Application?' with 'No.' Adding a product later means going back to DC Health, and adding a product not on the 103.5 list means the 103.3 laboratory route (pH and water activity from a state accredited laboratory).
Allowed: The DC list is a closed, enumerated list adopted by rule, not a general category of 'non-hazardous food'. § 7-742.01(3) defines a cottage food product as 'a non-potentially hazardous food, as specified in regulations adopted by the Department of Health', and 25-K DCMR 103.5 is that specification. 25-K DCMR 105.1(j) makes the closure explicit by prohibiting the production of 'food products not expressly listed in Subsection 103.5'. The eighteen approved categories, quoted from 103.5, are:; Baked goods, without cream, custard, cheese, or meat fillings, such as breads, biscuits, churros, muffins, rolls, scones, and sweet breads (25-K DCMR 103.5(a)); Unfilled, baked donuts (103.5(b)); Waffle cones (103.5(c)); Pizzelles (103.5(d)); Roasted coffee, whole beans or ground (103.5(e)); Cakes, including celebration cakes (birthday, anniversary, and wedding) (103.5(f)); Cereals, trail mixes, and granola (103.5(g)); Candies, such as brittles, toffee, chocolates, cotton candy, fudge, truffles, and confections (103.5(h)); Pastries, pies, brownies, cookies, and tortillas (103.5(i)); Snacks such as caramel corn, chocolate-covered nonperishable foods, nuts and dried fruits, crackers, pretzels, seeds, popcorn, or popcorn balls (103.5(j)); Fruit pies, fruit empanadas, and fruit tamales (103.5(k)).
No cap. The former $25,000 annual revenue ceiling was REPEALED and is no longer in force. It originated in the Cottage Food Amendment Act of 2013 at § 7-742.01(2)(C), and the version reproduced in the 2017 rulemaking read: 'Has annual revenues from the sale of cottage food products in an amount not exceeding twenty-five thousand dollars ($25,000)'. In 2017 the Department told commenters who wanted the figure raised to $50,000 that it could not oblige: 'No changes were made due to D.C. Official Code § 7-742.01(2)(C). The annual revenues sale of $25,000 is set by the Cottage Food Amendment Act of 2013 ... and cannot be changed by regulation.' The Council then removed it. The Cottage Food Expansion Amendment Act of 2019 (D.C. Law 23-61, effective March 10, 2020) is titled, in its own enacting clause, an act 'To amend Part C of the Department of Health Functions Clarification Act of 2001 to remove the annual revenue cap on cottage food businesses, to revise preoperational inspection requirements, and to allow all direct sales of cottage food products', and its section 2(a)(1)(B) provides that 'Subparagraph (C) is repealed.' The current official text of § 7-742.01(2)(C) reads 'Repealed.' Since March 10, 2020 there has been no dollar limit, no volume limit and no batch limit on a DC cottage food business anywhere in § 7-742.01 to § 7-742.03 or in 25-K DCMR. Two traps follow. The repealed $25,000 figure still appears in the definitions section of the un-amended 2017 regulations (25-K DCMR 999/991 definitions, as published at 64 DCR No. 52) because that subtitle has never been updated; the former amount there is superseded by the statute and unenforceable. And any secondary guide still quoting a $25,000 DC cap is describing law repealed more than six years ago. What DC limits instead is the food (the closed 103.5 list plus the 105/106 prohibitions), the kitchen (your own primary residence), and the geography (District only).
No. CottageCompliance gives general information based on each state's published rules, dated to when we last verified them. Always confirm with your state or local agency before selling.
Source: D.C. Official Code § 7-742.02 (https://code.dccouncil.gov/us/dc/council/code/sections/7-742.02) — VERIFIED verbatim; Title 25-K DCMR Section 104, Cottage Food Regulations, DC Health (https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Cottage%20Food%20Regs%20-%20as%20published%2012-29-17_0.pdf); DC Health Cottage Food FAQ (https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Cottage%20Food%20FAQ.pdf); DC Health program page (https://dchealth.dc.gov/publication/cottage-food-businesses) Verified 2026-08-10. General information, not legal advice — confirm with your state or local agency before selling.