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AN ACT Relating to expanding the products considered to be 1
potentially nonhazardous as they apply to cottage food operations; 2
and amending RCW 69.22.010. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 69.22.010 and 2015 c 203 s 1 are each amended to 5
read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Cottage food operation" means a person who produces cottage 9
food products only in the home kitchen of that person's primary 10
domestic residence in Washington and only for sale directly to the 11
consumer. 12
(2) "Cottage food products" means nonpotentially hazardous baked 13
goods; baked candies and candies made on a stovetop; jams, jellies, 14
preserves, and fruit butters as defined in 21 C.F.R. Sec. 150 as it 15
existed on July 22, 2011; extracts, such as vanilla extract, intended 16
for use in food products; and other nonpotentially hazardous foods 17
identified by the director in rule. No ingredient containing a 18
tetrahydrocannabinol concentration of 0.3 percent or greater may be 19
included as an ingredient in any cottage food product. Alcohol may be 20
H-3015.1
HOUSE BILL 2703
State of Washington 69th Legislature 2026 Regular Session
By Representatives Donaghy, Leavitt, Jacobsen, and Eslick
Read first time 01/29/26. Referred to Committee on Agriculture &
Natural Resources.
p. 1 HB 2703
used to make extracts, as long as the created product is not intended 1
for use as a beverage. 2
(3) "Department" means the department of agriculture.3
(4) "Director" means the director of the department.4
(5) "Domestic residence" means a single-family dwelling or an 5
area within a rental unit where a single person or family actually 6
resides. Domestic residence does not include: 7
(a) A group or communal residential setting within any type of 8
structure; or 9
(b) An outbuilding, shed, barn, or other similar structure.10
(6) "Home kitchen" means a kitchen primarily intended for use by 11
the residents of a home. It may contain one or more stoves or ovens, 12
which may be a double oven, designed for residential use.13
(7) "Permitted area" means the portion of a domestic residence 14
housing a home kitchen where the preparation, packaging, storage, or 15
handling of cottage food products occurs. 16
(8) "Potentially hazardous food" means foods requiring 17
temperature control for safety because they are capable of supporting 18
the rapid growth of pathogenic or toxigenic microorganisms, or the 19
growth and toxin production of Clostridium botulinum.20
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p. 2 HB 2703