D.C. Mun. Regs. tit. 25, r. 25-K102

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 25-K102 - APPLICATION PROCEDURES AND REQUIREMENTS

102.1

No one shall operate as a cottage food business or produce, package, store, or sell cottage food products without first obtaining a Cottage Food Business Registry Identification Number and Certificate issued by the Department.

102.2

To qualify as cottage food business, an applicant for a cottage food business shall complete a registry application on a form provided by the Department and submit the following documentation together to the Department for review and approval:

(a) A Home Occupancy Permit issued by the Department of Consumer and Regulatory Affairs (DCRA) (original only);

(b) For food sold by weight, proof of calibrated scales that comply with DCRA regulations;

(c) Proof of successfully passing a nationally accredited Certified Food Protection Manager Course approved by the Department;

(d) A District- issued Certified Food Protection Manager Certificate, obtained by the owner(s) of the cottage food business, which shall be valid for three years from the date of exam;

(e) A list of food products the cottage food business intends to produce, package, and sell, as specified in Subsection 103.5 of this subtitle. The Department may request a copy of recipes if deemed necessary;

(f) Packaging labels with the information specified in Section 104 of this subtitle for each food product; and

(g) A registration fee in the amount of fifty dollars ($50) for one (1) Cottage Food Business Registration Certificate that is valid for a two (2) year period.

102.3

Additional Cottage Food Business Registration Certificates are available at a cost of five dollars ($5.00) each.

102.4

In addition to Subsection 102.2, an applicant for a cottage food business attests that, by completing the registry application, he or she :

(a) Understands that only the cottage food products listed on their registry application are authorized by the Department to be produced, packaged, stored, or sold by the cottage food business;

(b) Expressly grants the Department of Health right of entry to the premises of the cottage food business during normal business hours or at other reasonable times, to determine compliance with these regulations or Department Directives, and to investigate consumer complaints alleging violations of these regulations, foodborne outbreaks, or other public health emergencies, including but not limited to operating in an unsanitary manner; and

(c) Understands that refusing to allow the Department of Health entry during normal business hours or at other reasonable times, or failing to comply with Orders to Cease and Desist or any Department Directive, shall result in immediate suspension or removal of the cottage food business from the Department's Cottage Food Business Registry Identification Number.

102.5

The Department shall approve or deny a Cottage Food Registry Application within thirty (30) business days of receiving a properly completed application, as specified in Subsections 102.2 and 102.4.

102.6

If a registry application is approved, the Department shall conduct a preoperational inspection of the applicant's premises within fourteen (14) business days of application approval.

102.7

If the applicant for the cottage food business passes the preoperational inspectio n, the Department shall:

(a) Assign the cottage food business an identification number which shall be valid for two (2) years from the passing date of the food safety inspection;

(b) Add the cottage food business to the Department's Cottage Food Business Registry; and

(c) Issue a Cottage Food Business Registration Certificate to the Owner with the following information:

(1) Registry Identification Number;

(2) The cottage food products submitted by the applicant and approved by the Department; and

(3) An expiration date.

102.8

Each cottage food business shall have an original Cottage Food Business Registration Certificate in a conspicuous location at each event.

102.9

If a registration application is denied, the Department shall provide the applicant in writing of the following:

(a) The reason(s) for the denial; and

(b) Actions, if any, the applicant can take to qualify for a registration.

D.C. Mun. Regs. tit. 25, r. 25-K102

Final Rulemaking published at 64 DCR 13555 (12/29/2017)