What does Washington's cottage food permit require for jam?
Updated
On this page7
You can sell jam made at home in Washington, but only with a cottage food permit from the Washington State Department of Agriculture (WSDA), and only jam that meets the federal standard of identity. State rule allows "Standardized jams, jellies, preserves and fruit butters as identified under 21 C.F.R. 150," made with a cook step in sterilized containers [1]. The permit brings a home kitchen inspection, a food worker card for everyone who helps, $230 in statutory fees for a new permit (WSDA's application form asks for $355 [6]) and a $35,000 cap on gross sales a year [2]. Sales must be direct to the consumer, and the statute bars selling by internet or mail order [2].
What the permit costs and checks
| Item | Requirement |
|---|---|
| Fees | $75 public health review, $30 processing, $125 for each initial or annual basic hygiene inspection [2]; WSDA's application form (AGR-2093, revised August 2023) asks for $355 [6], so confirm the amount with WSDA |
| Inspection | A basic hygiene inspection of the home kitchen, which checks among other things that "no infants, small children, or pets are in the home kitchen during the preparation" [2] |
| Training | A food and beverage service worker's permit (food worker card) for every person involved in preparation [2] |
| Where you make it | The home kitchen of your primary domestic residence; products stored only in that residence [2] |
| Sales cap | $35,000 gross sales of cottage food products a year [2] |
Kitchen setup, cleaning and water questions are on your home kitchen and inspections.
The jam rule, read closely
WAC 16-149-120(3) sets four conditions on top of the standard of identity [1]:
- A cook step in every recipe, "such as a hot fill or hot water bath."
- Sterilized containers before filling.
- No paraffin to seal jars.
- "No freezer or refrigerator style products are allowed."
It also lets you use fresh fruit from noncommercial sources, such as your own trees, and fruit you froze in a home freezer for later use [1].
The phrase "standardized ... under 21 C.F.R. 150" does most of the sorting. Part 150 sets fruit lists, fruit-to-sugar ratios and a minimum soluble solids content for jam, jelly and fruit butter. Products outside those standards are outside the permit, even though the rule does not name them one by one. The standards are explained on the 45:55 rule and what you can call your jam.
| Product | Status under the permit |
|---|---|
| Standard fruit jam, jelly or preserves | Allowed with the four conditions [1] |
| Fruit butter from a Part 150 fruit (apple, apricot, grape, peach, pear, plum, prune, quince) | Allowed; the rule names fruit butters [1] [2] |
| Freezer jam, refrigerator jam | Prohibited by name [1] |
| Low-sugar or no-sugar spread | Not named. It falls below the standard's soluble solids minimum, so on this page's reading it is not "standardized" and not covered. Confirm with WSDA |
| Pepper jelly | Not named. Peppers are not on the Part 150 jelly fruit list, so on this page's reading it is not a standardized jelly. Confirm with WSDA |
| Pumpkin or other vegetable butter | Prohibited: the rule bars "Canned fruits, vegetables, vegetable butters, salsas, etc." [1] |
The two "on this page's reading" lines are inferences from the rule's wording, not WSDA statements. Ask WSDA in writing before you list either product on a permit application.
Direct sales only
RCW 69.22.020(4) says cottage food products "may only be sold directly to the consumer" and "may not be sold by internet, mail order, or for retail sale outside the state" [2]. WSDA's own application form says "Internet sales MUST be picked up or delivered in person within Washington State" [6], and some secondary sources describe online ordering with in-person pickup the same way [3]. The statute is the controlling text and its words are broader than that, so follow the statute and get WSDA's written view before taking any order online. Food processing plants and food service establishments may not buy cottage foods to repackage, resell or use [2], so shops and cafes are out under the permit.
The label and its 11-point statement
Each jar carries your business name and permit number, the product name, ingredients (with subcomponents of compound ingredients), net weight or volume, allergen labeling and any required nutrition labeling [1] [2]. The statement "Made in a home kitchen that has not been subject to standard inspection criteria." must be at least 11-point type in a color that contrasts with the background [1]. The federal elements are on what a jam label must say.
Pepper jelly, low-sugar spreads and sales past $35,000
Anything the permit excludes, and any wholesale or online business, needs a WSDA food processor license, the route for food made in a licensed facility [4]. Whether WSDA will license a home kitchen for this was not confirmed. A pepper jelly made under license will also need a process authority's review; see process authorities and scheduled processes.
Ask WSDA before you apply
Washington State Department of Agriculture, Food Safety Program, Cottage Food Operation page [5]. The page's content did not load for this review, so the requirements above come from the statute (RCW 69.22) and rule (WAC 16-149) directly.
Checked against RCW 69.22 and WAC 16-149 in October 2026. With online sales closed, selling jam at a farmers market covers the in-person channel the permit is built around.
References
- Washington State Register, WSR 16-06-014 (WAC 16-149-110, -120, -130), February 19, 2016. https://lawfilesext.leg.wa.gov/Law/WSR/2016/06/16-06-014.htm
- Washington Legislature, RCW 69.22 Cottage food operations, full chapter, not dated (RCW 69.22.050 amended 2023; viewed October 2026). https://app.leg.wa.gov/rcw/default.aspx?cite=69.22&full=true
- Institute for Justice, Selling Homemade Food in Washington, January 2, 2024. https://ij.org/issues/economic-liberty/homemade-food-seller/washington/
- Washington State Register, WSR 23-19-068 (WAC 16-149 amendments, including food processing plant licensing), September 18, 2023. https://lawfilesext.leg.wa.gov/Law/WSRPDF/2023/19/23-19-068.pdf
- Washington State Department of Agriculture, Cottage Food Operation, not dated (viewed October 2026). https://agr.wa.gov/cottagefood
- Washington State Department of Agriculture, Application for Cottage Food Operation Permit, form AGR-2093 (R/8/23). https://cms.agr.wa.gov/WSDAKentico/Documents/Forms/2093-ApplicationForCottageFoodOperationPermit.pdf
