DC uses an approved product list — a whitelist model where only specific foods are permitted. Here's exactly what's allowed, what comes with conditions, and what's off the table.
How DC's Approved List Works: Unlike most states, Washington, D.C. does not use a general "non-perishable food" standard. Instead, DC Health maintains a specific approved product list under DCMR Title 25-K § 103.5. Only foods on this list — or products you've individually petitioned DC Health to approve with lab-verified pH and water activity data — may be sold. If a product isn't explicitly on the approved list, it is not permitted, regardless of how shelf-stable it may seem.
Each product below is categorized by its status under DC's cottage food framework. "Restricted" means it's allowed but only under specific conditions. Always verify the current approved list with DC Health before adding a new product to your lineup.
Washington, D.C.'s cottage food law is built around a concept that food safety scientists call "non-potentially hazardous" foods — products that do not support the growth of harmful pathogens at room temperature. The two key measures are water activity (aW) and pH. Foods with water activity at or below 0.85, or pH at or below 4.6, generally cannot support the bacteria (like Salmonella, Listeria, and Clostridium botulinum) that cause serious foodborne illness.
Most baked goods, dry goods, hard candies, jams, and packaged snacks naturally fall below these thresholds when made correctly. That's why they're on DC's approved list. Pickles, fruit butters, salsas, and hot sauces — while they may seem safe — fall into a category called "acidified foods" that requires precise pH control and FDA-registered processing to be consistently safe. DC's regulations reflect the scientific reality: these products are too variable in home production environments to be reliably safe without commercial-grade controls.
DC's whitelist approach is stricter than most states' frameworks, but it also provides clarity. If your product is on the list, you can sell it. If it's not, you have a clear petition pathway — submit lab documentation showing your product's pH and water activity, and DC Health will review whether to approve it.
If you make a product that isn't on DC's approved list but you believe it's non-TCS (non-perishable), DC Health may consider approving it. Here's how:
Step 1: Have your product tested at a state-accredited laboratory for pH value and water activity (aW). Many university food science departments offer this service, as do private food testing labs.
Step 2: Submit the lab results to DC Health for review. Include a full recipe and production description. DC Health will evaluate whether your product qualifies as a non-potentially hazardous food under DCMR 25-K §§ 103.3 and 103.4.
Step 3: If approved, the product is added to your approved product list on file with DC Health. You cannot sell it until approval is received. Approval is at DC Health's discretion and is not guaranteed.
Contact DC Health Food Safety: food.safety@dc.gov · (202) 535-2180
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