Bellingham residents may sell homemade non-potentially-hazardous foods under the Washington Cottage Food Law (RCW 69.22, WAC 16-149) administered by the Washington State Department of Agriculture (WSDA). The two-year cottage food permit costs $355. Annual gross sales are capped at $35,000 (raised in 2026). Direct-to-consumer sales only โ farmers markets, farm stands, harvest festivals, CSAs. No internet, mail-order, wholesale, consignment, or out-of-state sales. Bellingham BMC 20.10.045 home-occupation rules apply on top โ the food prep must occur inside the main residential building, no walk-in retail storefront, no more than one non-resident employee, no outward manifestation.
Washington's Cottage Food Law (RCW 69.22 + WAC 16-149) sets a uniform statewide framework administered by the WSDA Food Safety Program (360-902-1876, cottagefoods@agr.wa.gov). RCW 69.22.040 caps annual gross sales of cottage food products at $35,000 per operation (raised from $25,000 effective 2026). RCW 69.22.030 limits sales channels to direct-to-end-consumer in person โ farmers markets, farm stands, seasonal events such as harvest festivals, CSAs, and at the producer's home. Internet, mail-order, wholesale, consignment, retail through grocery stores and restaurants, and any out-of-state sales are prohibited (cottage foods may not enter interstate commerce). Permitted product categories under WAC 16-149-020 include: baked goods (breads, cookies, cakes, biscotti, brownies, pastries โ but not custard, cream, or cheese fillings), candies (fudge, brittle, toffee, hard candy, chocolate), confections, dehydrated fruits and vegetables, dry herbs and herb mixes, dry mixes (cake mix, soup mix), fruit pies (high-acid), granola, jams, jellies, fruit butters, preserves, marshmallows, popcorn and caramel corn, roasted coffee, roasted nuts, and similar shelf-stable, non-potentially-hazardous foods. Prohibited products include meat, poultry, seafood, dairy products, eggs, fermented foods, low-acid canned goods, beverages other than fruit juices canned in compliance, and any temperature-controlled-for-safety items. WAC 16-149-040 requires labels with: producer's name, address, and permit number; product name; ingredients in descending weight order with major allergens declared; net weight; and the conspicuous statement 'Made in a home kitchen that has not been subject to standard inspection criteria. This product is exempt from Washington State Department of Agriculture food processor licensing.' WAC 16-149-050 requires all food preparers to hold a Food and Beverage Service Worker Permit under RCW 69.06 (Whatcom County food worker card from the Whatcom County Health Department at 509 Girard Street, Bellingham โ foodworkercard.wa.gov, $10). The cottage food permit covers a two-year cycle with a $355 fee and lists the specific product types authorized. RCW 69.22.070 authorizes WSDA to deny, suspend, or revoke permits for non-compliance. On the local Bellingham side, BMC 20.10.045 home-occupation rules still apply: the baking activity must occur inside the main residential building (not a detached commercial kitchen or accessory structure), the primary use of the premises must remain residential, no outward manifestation of the occupation (no sandwich boards, no farmers-market-style display at the home), at most one non-resident employee (with one off-street parking space), and no walk-in retail (direct-to-consumer sales at farmers markets and similar events are the lawful channel). A Bellingham city business license is required under BMC Title 5 via the Washington Business Licensing Service (BLS) one-stop application (dor.wa.gov). State UBI registration is also required.
Operating without a WSDA cottage food permit, exceeding the $35,000 annual sales cap, selling prohibited categories (meat, dairy, fermented foods), or selling outside permitted channels (online, wholesale, out-of-state) triggers WSDA enforcement under RCW 69.22.070 โ denial, suspension, or revocation of the permit plus civil penalties. Bellingham zoning violations (operating a walk-in food storefront, hiring more than one non-resident employee, conducting prep outside the main residential building, generating outward manifestation) are enforced by Bellingham Code Compliance under BMC 20.10.045 with civil infractions and daily penalties.
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