Regulations for Specific Products


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Regulations for Specific Products

Some products, such as nuts, eggs, alcoholic beverages, lotions and cosmetics, have specific regulations that govern how they're handled, who can sell them, where their sold and a host of other aspects. Learn more about the various requirements for these and other specific products in this section.

#27 Selling Beef, Pork, Lamb, Goat and Other Meat


Growing consumer demand for local, natural, grass-fed, and organic meat creates new opportunities for producers. Selling beef, pork, goat, and other meat as “Custom-exempt” is a common option. However, selling USDA-inspected meat is a significant challenge, due to the loss of local processing infrastructure. Producers will want to consider their customer desires, market opportunities, and their own business goals when navigating the options for meat processing and sale.

#28 Selling Body Care Products


Body care products, also referred to as “cosmetics” in state and federal law, are popular with consumers, especially when made from natural or local ingredients. From lip balm to lotion, skin creams to shampoos, these are great products to market directly to consumers at farm stands, farmers markets, and independent grocery or specialty retail stores. All cosmetics are subject to state and federal regulations to ensure they are safe and list all potential allergens.
 

#29 Selling Dairy Products


There is a creative and quality-focused small dairy sector with over a hundred licensed milk processors in Washington. Most are independent dairy farms that are direct marketing their goat, cow, and sheep milk; and/or farmstead and artisan cheeses, yogurts, butters, kefir, ice cream, and more. Customers are interested in high quality specialty products, and some seek local farms focused on animal welfare and land stewardship practices, including pastured-raised animals. Milk and most other dairy products are considered to be a potentially hazardous food product due to the high potential of pathogen growth if products are not handled properly. It takes no small effort to navigate the regulations designed to reduce the risk of unintentional contamination.
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#30 Selling Eggs


Eggs are a popular item to direct market, and selling eggs is a relatively easy enterprise to begin. Technically, an “egg” refers to the shell egg of chickens, turkeys, ducks, geese, guinea fowl, and any other species of poultry. Farmers with a flock that is under 3,000 hens are exempt from USDA grade requirements and fall under state law Chapter 69.25 RCW.
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#31 Selling Fermented Foods


Foods produced through the ancient process of fermentation have gotten new attention from health-conscious eaters and shoppers seeking new culinary tastes. Many direct marketing farmers are interested in adding value to their agricultural products by making fermented products. Fermentation is a process and not a specific category of food product, and fermented products range from breads to cheese and yogurt, tempeh, vinegar, and wine. Much of the recent interest is focused on fermented vegetables like sauerkrauts and fermented pickles, and kombucha beverages.

#32 Selling Fiber and Wool products


Wooled sheep, Angora goats, and cashmere goats offer fiber and the opportunity for another enterprise for producers, in addition to meat or milk. Yaks, angora rabbits, llamas, and alpacas are also valued for their fiber. Washington’s climates are well suited for animal fiber production, and it is an under-utilized value-added enterprise. This fact sheet offers small and medium size flock owners an overview of considerations for selling many types of animal fiber.

#33 Selling Fish and Shellfish


This fact sheet reviews the state regulations for fish and cultivated shellfish sold directly to end consumers.
 
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#34 Selling Flowers


Whether selling blooms and bouquets at farmers markets, for weddings and events, or through CSA shares, farm stands, or online businesses, flower farmers and farmer-florists work in a dynamic and creative marketplace. In Washington State, different regulations apply for selling cut flowers, edible flowers, flower seeds, and flowers that are considered nursery products (i.e., rooted plants, bulbs, and starts).

#35 Selling Forage Crops, Feed and Pet Food


As people pay increasing attention to ingredients in food, they are also interested in the source and quality of food for animals.  There are oppurtunities for farmers to make value-added products.  The market for animal feed and forage runs the spectrum from gourmet pet food sold direct at farmers markets or to specialty pet supply shops, to niche animal feed for other small and mid-sized farms seeking local, high-protein, or certified organic products, and to bulk sales of organic products, and to bulk sales of organic or conventioanal hay and forage crops to livestock owners.  
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#36 Selling Foraged Wild Plants and Mushrooms


Washington lands and waters are abundant with edible, wild-growing mushrooms, berries, greens, herbs, medicinal plants, sea plants and edible algae, and more. Foraged foods are considered delicacies for their unique varieties, locality, and ephemeral seasons. Wild harvested foods are direct marketed to chefs, restaurants, grocery stores, and to customers at farmers markets. A few wild crafted plants have specific regulations for harvest. Many wild foraged foods that can be harvested for recreation and personal use are prohibited from commercial sale.
 

#37 Selling Fresh Fruits and Vegetables


Fresh fruits and vegetables are the most common direct marketed products, whether sold at farmers markets, through CSAs, or direct to restaurants and local grocery stores. Expectations for high quality and increasing attention on the food safety of fresh produce mean there are regulations for produce farmers to be aware of. The Food Safety Modernization Act establishes new regulations for produce growers. Quality inspection requirements apply to certain Washington State fruit and vegetables.
 

#38 Selling Herbs


Washington State farmers selling fresh culinary herbs directly to the end consumer, restaurants, or grocery stores are not required to get any specific licenses, though they may be subject to some requirements of the Food Safety Modernization Act (FSMA) Produce Safety Rule. Selling processed herbs requires a WSDA Food Processor License.

#39 Selling Herbal or Dietary Supplements


Herbal and dietary supplements are products that are ingested and include dried herbs, teas, tinctures, capsules, and tablets. These supplements have a specific federal and state definition and must meet the same regulatory requirements for any processed food, as well as additional requirements listed below.
 

#40 Selling Honey


Honey is a popular product for direct marketing as customers can experience local flavors and unique aromas before purchasing.
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#41 Selling Juice


With cocktails bars, restaurants, and health-oriented consumers all seeking fresh new flavors and unique juice products, some farms see juice and juice products as an opportunity to add value to their fruits and vegetables. Shelf-stable juices can be sold year-round, extending the products available through the seasons. Licensing and marketing options for juice and juice products depend on whether juice is raw or treated. This fact sheet deals with 100-percent juice products and beverages that include 100-percent juice as an ingredient, such as juice added to sparkling water, teas, and kombucha.
 

#42 Selling Marijuana, Hemp, and Other Cannabis Products


Laws and regulations for growing and selling cannabis and products made from it are in flux at the federal and state level. Both marijuana and industrial hemp can be grown and sold legally in Washington State, but rules and requirements for the two crops differ significantly. Laws and rules continue to change as the industry and the regulatory environment is established. This new area offers opportunity for growers and processors, but it is critical for producers to understand the rules and remain informed and in touch with regulatory agencies who can provide the current state of regulations for these crops and products in Washington State.
 
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#43 Selling Mushrooms


Cultivated mushrooms can be sold at farmers markets, grocery stores, restaurants, or other direct-sales venues. Savvy consumers and chefs look for high-quality and unique mushrooms. White button, cremini, and portabella mushrooms are the most common varieties in grocery stores, while oyster, shitake, and other gourmet mushrooms shine at farmers markets, co-ops, and specialty food stores. Value-added edible mushroom products and mushroom-growing kits are other direct-marketed mushroom products.

#44 Selling Nursery Products


With a temperate climate ideal for growing nursery and landscape plants, Washington State has $365 million horticultural nursery industry that continues to grow. The nursery industry includes floriculture and horticulture propagation, starts, and plants for retail sale, both native and non-native. To help reduce spread of agricultural pests and diseases, businesses selling nursery products must be licensed.

#45 Selling Nuts


From hazelnuts to walnuts, chestnuts to peanuts, Washington producers sell nuts and nut products at farmers markets, farm stands, and direct to grocery stores. Selling whole nuts in the shell is a relatively easy enterprise to begin and does not require special licensing, though some farms may be subject to the Food Safety Modernization Act (FSMA) Produce Safety Rule. Selling shelled nuts, making nut butters, nut flour, nut milk, nut oil, and other nut products requires a WSDA Food Processor License and Facility.
 

#46 Selling Poultry


Growing consumer demand for locally grown, humanely raised, organic, and pastured meat creates new opportunities for small-scale producers of chicken, turkey, and other poultry. Careful planning and a good understanding of the regulations surrounding the processing, handling, and marketing of poultry meat is essential. With the proper license or permit, a producer can sell their poultry meat to retail outlets such as restaurants, grocery stores, and farmers markets; wholesale; or straight from the farm. This fact sheet is designed to help poultry producers understand Washington State regulations and to provide resources for a successful poultry enterprise.
 

#47 Selling Rabbit Meat


There is a small but growing interest in raising and selling meat rabbits in Washington. With the proper license or permit, a farmer can sell their rabbit meat to retail outlets such as restaurants, grocery stores, and farmers markets; wholesale; or to customers straight from the farm. Restaurants featuring locally sourced foods or French or European fare are potential markets for rabbit meat. To sell and process rabbit, producers must have a WSDA Food Processor License.
 

#48 Selling Ready-To-Eat Foods


In general, “ready-to-eat” foods are food that is considered safe and edible without any additional preparation. They are also commonly referred to as “prepared foods.” Whether called ready-to-eat or prepared foods, they are popular at farmers markets, farm stands, festivals, events, county fairs, and food trucks. Some ready-to-eat food vendors procure ingredients directly from farmers to feature local and seasonal farm products in everything from pizzas, tacos, noodles, crepes, baked goods, soups, fruit smoothies, and more.
 

#49 Selling Salad Greens


Farmers selling fresh salad greens see continuing popularity and demand for a wide variety of salad greens by consumers in CSAs, farmers markets, grocery stores, and restaurants. Following regulations for whole-leaf salad greens requires knowing the local health department requirements and understanding the details of what can be sold without special infrastructure or licensing, and what additional products are possible with a WSDA Food Processor License and a facility.

#50 Selling Seeds


Washington State is a prime location for seed production of many vegetable species and specialty crops. Smaller farms are cultivating vegetable and flower seed for both on-farm use and to sell directly to consumers, or contractually to seed companies. Selling seeds can be a financially profitable business, either alone or integrated into a diverse production system.
 
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#51 Selling Sprouts and Microgreens


Sprouts are known for their nutritional value and as a healthy food. However, sprouts have also been associated with multiple outbreaks of foodborne illnesses and recalls. Because of this, producers need to meet many food safety regulations and requirements to sell sprouts. 
 

#52 Selling Wine, Beer, Hard Cider and Distilled Spirits


One of the most regulated types of food businesses are those that produce and/or sell alcoholic beverages. Federal, state, and local laws apply.
 

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