Shelf-Stable Food Rules for Home Sellers in Washington, D.C.

The Foundation

What "Shelf-Stable" Means in DC

Shelf-stable food is any food that does not require refrigeration to remain safe for consumers. The technical term used in food safety law is "non-potentially hazardous food" — or under FDA's current terminology, food that is not a TCS (Temperature Control for Safety) food. These are products that, when properly made and packaged, will not support the growth of dangerous pathogens at room temperature.

DC Health's cottage food regulations use two scientific measurements to determine whether a food qualifies as shelf-stable: water activity (aW) and pH. Water activity measures how much "free" water is available for microbial growth — think of it as moisture that bacteria can actually use. pH measures acidity. Foods that are sufficiently dry or sufficiently acidic simply don't give harmful bacteria what they need to multiply.

Most baked goods, candies, dry goods, jams, and packaged snacks naturally meet these thresholds when made with standard recipes. That's the core of DC's approved product list. If a food needs to be kept cold to stay safe, it cannot be sold under DC's cottage food framework — regardless of how it's packaged.

Water Activity Threshold

aW ≤ 0.85

Foods at or below this water activity level do not support the growth of most harmful bacteria. Most properly baked goods, dry goods, and hard candies fall well below this level. Soft cakes and moist breads are borderline — proper packaging matters.

pH Threshold

pH ≤ 4.6

Foods at or below pH 4.6 are considered sufficiently acidic to inhibit pathogen growth. Most jams and jellies made with adequate sugar hit this range. Vinegars are naturally well below it. Salsas and hot sauces are too variable in home production to guarantee safety.

The Practical Test

Room Temp?

The simplest check: could your product sit at room temperature in a store for days without becoming unsafe? If it needs refrigeration — or if you'd refrigerate it out of caution — it's likely TCS and not permitted under DC's cottage food rules.

Sales Limits

No Annual Sales Cap in Washington, D.C.

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No Limit

Washington, D.C. Has No Annual Sales Cap

As of March 2020, when the Cottage Food Expansion Amendment Act of 2019 (D.C. Law 23-61) took effect, Washington, D.C. removed its prior $25,000 annual sales cap entirely. There is now no dollar limit on how much a registered cottage food business can earn in a year.

This means you don't need to track gross sales against a cap, slow down production as you approach a limit, or worry about exceeding a threshold and operating illegally. Your registration is valid for two years at a flat $50 fee, regardless of your sales volume.

Note that removing the sales cap does not exempt you from DC tax obligations. Cottage food businesses are not exempt from applicable DC or federal tax laws. See the Start Your Business page for sales tax and income tax guidance.

Sales Channels

Where You Can Sell Your Shelf-Stable Products

DC's 2020 and 2025 amendments significantly expanded the channels available to registered cottage food sellers. Here's exactly what's allowed, restricted, and off-limits.

🏠 Direct from Home Allowed

Selling directly to customers who come to your home is permitted. You must be operating from your DC primary residence as listed on your cottage food registration. Display your DC Health Certificate of Registration.

🌿 Farmers Markets Allowed

Cottage food products may be sold at farmers markets and public events throughout DC. You must display your Cottage Food Business Registration Certificate at all events. Eastern Market, FRESHFARM Markets, and Dupont Circle Farmers Market are popular DC venues.

🚚 Delivery Allowed

You may deliver cottage food products directly to customers within DC. Delivery is considered a form of direct-to-consumer sale. Deliveries must remain within the District — Maryland and Virginia are out of bounds.

💻 Online Sales DC Addresses Only

Online sales are allowed — you may advertise and take orders online. However, products may only be sold and delivered to DC addresses. Shipping to Maryland, Virginia, or any state outside DC is prohibited and constitutes interstate commerce requiring federal licensing.

🏪 Retail Stores (Consignment) Allowed

Cottage food products may be sold in DC retail stores on a consignment basis — you retain ownership until the consumer buys. Many DC specialty food shops, co-ops, and boutique grocery stores accept cottage food on consignment. Confirm with each retailer their specific intake process.

🏬 Wholesale to Retail Establishments Added June 2025

As of June 10, 2025 (D.C. Law 26-7), registered cottage food businesses may sell wholesale to licensed retail food establishments within DC. This is a significant expansion that enables selling to specialty shops, food halls, and similar venues. [VERIFY with DC Health whether this includes restaurants or is limited to retail stores.]

🛣️ Roadside Stands Allowed

Roadside and pop-up stands within DC are permitted as a direct-to-consumer sales channel. Check with DC zoning and DCRA/DLCP for any local vendor permit requirements at specific locations.

✈️ Out-of-State Shipping Prohibited

Shipping cottage food products to buyers in Maryland, Virginia, or any other state is prohibited under DC's cottage food framework. Interstate food commerce is regulated federally and requires separate licensing. Even selling in-person at an event held just across the border counts as interstate commerce.

Important: You must display your DC Health Cottage Food Business Registration Certificate at all markets and public events. Failure to display may result in complaints or enforcement action. The certificate is issued by DC Health after your registration is approved and your pre-operational inspection is completed.

Kitchen & Storage Rules

Storage, Handling & Workplace Requirements

DC's cottage food regulations (DCMR 25-K §§ 108–109) include specific requirements for how you store ingredients, maintain your kitchen, and handle products. These rules apply to all registered cottage food businesses.

Required Practices ✓

Store all business ingredients separately from personal or household food — use dedicated shelves, bins, or a separate refrigerator if needed
Produce all cottage food products in your DC primary residence kitchen only — outbuildings, garages, and commercial kitchens are not permitted
Use only residential-grade equipment — commercial ovens, commercial mixers, and commercial food processing equipment are prohibited
Maintain a clean, sanitary workspace — wash hands frequently, wear clean clothing, and use proper food handling practices consistent with your CFPM training
Use food-grade packaging that does not transfer toxic substances to the food — verify FDA or NSF approval of packaging materials with your supplier
If an ingredient is subject to a recall, immediately cease distribution and notify DC Health at food.safety@dc.gov
Display your DC Health Registration Certificate at all events and markets where you sell
Allow DC Health inspectors to access your premises for pre-operational inspection, complaint investigation, or routine compliance check with reasonable notice

Prohibited Practices ✕

Using commercial food service equipment (commercial ovens, slicers, large-scale mixers) — residential equipment only
Producing cottage food in any location other than your DC-registered primary residence kitchen
Using reduced oxygen packaging (vacuum sealing, MAP packaging) for any cottage food product — explicitly prohibited
Having children or pets in the kitchen during active food production — children and pets must be kept out while you are preparing, packaging, or handling products
Allowing smoking in the kitchen or production area
Selling foods that are not on your DC Health-approved product list — each product must be listed on your registration application
Producing or selling products not approved by DC Health, including any unlisted products without a petition approval on file

📦 Packaging Note — No Vacuum Sealing

DC's regulations explicitly prohibit reduced oxygen packaging (ROP), which includes vacuum sealing and modified atmosphere packaging (MAP). These techniques reduce the oxygen available to aerobic spoilage organisms — but they also create anaerobic conditions that can allow Clostridium botulinum (the bacterium responsible for botulism) to grow in foods that would otherwise be safe. Use standard food-grade bags, boxes, jars, or containers with normal atmospheric conditions.

Selling by Weight

If You Sell Products by Weight

If you sell any cottage food products by weight — for example, loose granola, spice blends, or candy sold per ounce — your scale must be registered and certified with DC's Office of Weights and Measures, which operates under the Department of Licensing and Consumer Protection (DLCP).

Most cottage food sellers avoid this requirement by selling pre-packaged, fixed-weight products with the net weight stated on the label. This is simpler and eliminates the need for scale certification. If you package products in advance with a clearly labeled net weight, you do not need to register a scale — you are not selling by weight at the point of sale.

Scale Certification — DLCP Office of Weights & Measures

If needed: dcra.dc.gov/page/weights-measures-information (verify current URL — DCRA was renamed to DLCP). Contact the DLCP for current certification requirements and fees.

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Sales Limit Tracker

DC has no annual sales cap, but tracking your revenue still matters for taxes and business planning. Log your sales and monitor your growth with the SellFood Sales Tracker.

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Shelf-Stable Food in Washington, D.C.