103.1 A cottage food business is authorized to produce, package, and sell certain non-potentially hazardous food products identified in Subsection 103.5 that do not support the rapid growth of bacteria that could lead to a foodborne illness when held outside of refrigerated temperatures.

103.2 The list identified in Subsection 103.5 will be maintained and updated by the Department each quarter, if necessary, through the rulemaking process. When the Department adds or deletes food products from the approved list in Subsection 103.5, the Department shall state the:

(a) Reason for the change;

(b) Authority for the change; and

(c) Nature of the change to the approved food products list in Subsection 103.5.

103.3 If an owner of a cottage food business requests to produce, package, or sell a recipe or food product that is not on the approved list of foods in Subsection 103.5, the owner of a cottage food business shall submit confirmation of the food product's pH value and water activity from any state accredited laboratory to the Department for review.

103.4 The Department will determine if the recipe or food product is safe to produce, package, or sell as a cottage food product based on the laboratory analyses required in Subsection 103.3.

103.5 The Department approves the sale of the following non-potentially hazardous products by cottage food businesses at farmers' markets or public events within the District of Columbia:

(a) Baked goods, without cream, custard, cheese, or meat fillings, such as breads, biscuits, churros, muffins, rolls, scones, and sweet breads;

(b) Unfilled, baked donuts;

(c) Waffle cones;

(d) Pizzelles;

(e) Roasted coffee, whole beans or ground;

1. (f) Cakes, including celebration cakes (birthday, anniversary, and wedding);
2. (g) Cereals, trail mixes, and granola;
3. (h) Candies, such as brittles, toffee, chocolates, cotton candy, fudge, truffles, and confections;
4. (i) Pastries, pies, brownies, cookies, and tortillas;
5. (j) Snacks such as caramel corn, chocolate-covered nonperishable foods, nuts and dried fruits, crackers, pretzels, seeds, popcorn, or popcorn balls;
6. (k) Fruit pies, fruit empanadas, and fruit tamales;
7. (l) Jams, jellies, syrups, marmalades and other preserves;
8. (m) Honey and honeycomb. Applicants for cottage food businesses shall comply with “Sustainable Urban Agriculture Apiculture Act of 2012”, and provide proof they are registered with the District’s Department of Energy and Environment in accordance with Subtitle B of the Act, “Promoting Urban Agriculture through Beekeeping”;
9. (n) Dried pasta;
10. (o) Dry herbs, herb blends, and seasonings blends;
11. (p) Dry tea blends;
12. (q) Dry baking mixes; and
13. (r) Vinegar and flavored vinegars.

SOURCE: Final Rulemaking published at 64 DCR 13555 (December 29, 2017).