| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to expanding the products considered to be potentially nonhazardous as they apply to cottage food operations; |
| Bill Description | Expanding the products considered to be potentially nonhazardous as they apply to cottage food operations. |
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What this bill does
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This bill amends the definitions section of the cottage food chapter (RCW 69.22.010) to define terms used by the department of agriculture and to specify what counts as "cottage food products." It lists allowable cottage foods as nonpotentially hazardous baked goods; baked candies and stovetop candies; jams, jellies, preserves, and fruit butters as defined in 21 C.F.R. §150 as of July 22, 2011; food-use extracts (for example vanilla extract); and other nonpotentially hazardous foods the director may identify by rule. The amendment bars any ingredient with a tetrahydrocannabinol (THC) concentration of 0.3 percent or greater in cottage food products and permits alcohol to be used to make extracts so long as the resulting product is not intended as a beverage.
The amendment also defines related terms including "cottage food operation" (production only in the home kitchen of the operator's primary domestic residence and only for direct sale to the consumer), "department" (department of agriculture), "director" (director of the department), "domestic residence," "home kitchen," "permitted area," and "potentially hazardous food" (foods requiring temperature control for safety, including those that can support pathogenic or toxigenic microorganism growth or Clostridium botulinum toxin production). The bill was read for the first time on 01/29/26 and was referred to the House Committee on Agriculture & Natural Resources.
This excerpt only contains the amended definitions and related references. The text does not include any provisions on enforcement, registration, labeling, inspection, fees, effective date, or the specific list or rulemaking process for "other nonpotentially hazardous foods," so those details are unclear from the provided material.
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Why it matters
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If enacted, the law would make it clearer which homemade foods people can sell directly to consumers from their primary residence: mostly non‑hazardous baked goods, certain candies, jams and preserves as defined by a 2011 federal standard, food-use extracts (including those made with alcohol so long as they are not intended as beverages), and any other nonhazardous items the agriculture director allows by rule. It would also bar any ingredient in these products that contains THC at or above 0.3 percent and require all preparation, packaging, storage, and handling to occur in the home kitchen of a person’s primary domestic residence, not in group living settings or outbuildings.
The most affected parties are small, home-based food sellers and the Washington State Department of Agriculture. Home producers gain clearer boundaries about what they may sell, which may let some expand product lines (for example, alcohol-based extracts) but will also force them to avoid or reformulate products containing higher-THC ingredients and to operate only in qualifying home kitchens—changes that could create modest costs for sourcing compliant ingredients or changing where they work. The department will need to issue rules identifying any additional allowed foods, but the excerpt does not say how rules, inspections, labeling, fees, or enforcement would be handled, so those implementation details and any related costs or oversight responsibilities remain uncertain.
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| Official Documents | View Full Bill Text |
| Representative Donaghy (Primary) |
| Representative Leavitt |
| Representative Jacobsen |
| Representative Eslick |