Selling pesto in District of Columbia

Sources last read Oct 24, 2026

What District of Columbia's own pages say about making pesto at home, each line linked, and the path to a store when you want one to stock it.

Run the free rules check for it: no account, no AI.

A sketch of Pesto in its tub.
General information, not advice. This is written for small food makers and cites its sources, but it is not legal, regulatory or food-safety advice, and it cannot account for your product, your state or your facility. Rules change and thresholds are adjusted yearly. Confirm anything you are about to act on with your state agency, a Process Authority, or the FDA.

Can I make pesto at home in District of Columbia?

District of Columbia's own pages name pesto, or foods like it, among what District of Columbia says a home kitchen may not make. ShelfStep found these lines by the words they use; whether they cover your product is for the District of Columbia Department of Health to say. Those lines, as the state writes them:

  • District of Columbia's Cottage Food Business rules: what may not be made at homeD.C. Municipal Regulations, Title 25-K §§ 105–106, Cottage Food Regulations (D.C. Register, Dec. 29, 2017) says:“106.1 A cottage food business shall not sell potentially hazardous foods as defined in Section 991 below and by the District Food Code Regulations (Title 25-A DCMR) including but not limited to the following food: (a) Fish or shellfish products; (b) Fresh, dried, or dehydrated meat or meat products, including jerkies; (c) Fresh, dried, or dehydrated poultry or poultry products; (d) Baked goods that require any type of refrigeration such as cream, custard, or meringue pies and cakes or pastries with cream cheese icings or filings; (e) Cheese made with unpasteurized milk; (f) Focaccia-style breads with vegetables and/or cheeses; (g) Raw-seed sprouts, including but not limited to alfalfa sprouts or bean sprouts; ... (h) Raw cookie dough; (i) Canned pickled products such as corn relish, pickles, or sauerkraut; (j) Milk and dairy products including hard, soft and cottage cheeses, and yogurt; (k) Mushrooms; (l) Cut fresh fruits and/or vegetables; (m) Food products made from cut fresh fruits or vegetables; (n) Food products made with cooked vegetable products; (o) Garlic and/or vegetable in oil mixtures; (p) Sugar-free products, such as jams, jellies, syrups, marmalades and other preserves; (q) Pumpkin or fruit butters; (r) Ice or ice products; (s) Barbeque sauces, ketchups and/or mustards; or (t) Foods not intended for human consumption such as pet foods and/or treats.”D.C. Municipal Regulations, Title 25-K §§ 105–106, Cottage Food Regulations (D.C. Register, Dec. 29, 2017) · Read Oct 24, 2026
  • District of Columbia's Cottage Food Business rules: what may not be made at homeDistrict of Columbia Department of Health, Important Information for Cottage Food Business Registry Applicants (August 2021) says:“Only food products that do not require refrigeration once prepared will be allowed to be processed from a Cottage Food Business.”District of Columbia Department of Health, Important Information for Cottage Food Business Registry Applicants (August 2021) · Read Oct 24, 2026

What rules does pesto come under beyond District of Columbia's?

Outside a home kitchen, ShelfStep's plan reads pesto as a refrigerated or frozen food. The plan's own line for it, a default and not a law:

ShelfStep’s plan default, not a lawFrozen or refrigerated (non-meat): cold chain, shelf-life / challenge study, "keep frozen/refrigerated" labeling.21 CFR 114.3

What the rules behind it say, in their own words, with the page and the day ShelfStep read each. ShelfStep does not decide which of them apply to your product.

Source to check: the rules behind ShelfStep's plan for pesto
  • Acidified foods kept under refrigeration21 CFR 114.3(b) says:“and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part.”21 CFR 114.3(b) · Read Oct 8, 2026
Source to check: FDA food facility registration
  • FDA's definition of a food facility21 CFR 1.227 says:“Facility means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. ... The private residence of an individual is not a facility.”21 CFR 1.227 · Read Oct 8, 2026

Where may food made at home be sold in District of Columbia?

  • District of Columbia's Cottage Food Business rules: where it may be soldDistrict of Columbia Department of Health, Cottage Food Businesses says:“The Cottage Food Act of 2013, which took effect on January 25, 2014 (D.C. Law 20-63; D.C. Official Code § 7-742.01), was amended by the Certificate of Need Improvement Amendment Act of 2025 (D.C. Law 26-7) , effective June 10, 2025. This amendment allows Cottage Food Businesses to sell certain food products from their residential kitchens. These businesses may sell directly to consumers through direct, retail (excluding sales to restaurants and grocery stores), and online sales within the District of Columbia.”District of Columbia Department of Health, Cottage Food Businesses · Read Oct 24, 2026
  • District of Columbia's Cottage Food Business rules: where it may be soldDistrict of Columbia Department of Health, Cottage Food Businesses says:“Pursuant to the 2025 amendment, Cottage Food Businesses may also sell wholesale to licensed food establishments, consistent with applicable District laws and regulations.”District of Columbia Department of Health, Cottage Food Businesses · Read Oct 24, 2026

What does District of Columbia say a home-made label must carry?

  • District of Columbia's Cottage Food Business rules: the home-made labelD.C. Code § 7-742.02, Cottage food businesses (D.C. Law Library) says:“(G) The following statement printed in 10-point or larger type in a color that provides a clear contrast to the background of the label: “Made by a cottage food business that is not subject to the District of Columbia's food safety regulations.”D.C. Code § 7-742.02, Cottage food businesses (D.C. Law Library) · Read Oct 24, 2026
  • District of Columbia's Cottage Food Business rules: the home-made labelD.C. Code § 7-742.02, Cottage food businesses (D.C. Law Library) says:“(c) The owner of a cottage food business may sell only cottage food products that are: (1) Stored on the premises of the cottage food business; and (2) Prepackaged with a label that contains the following information: (A) The cottage food business identification number; (B) The name of the cottage food product; (C) The ingredients of the cottage food product in descending order of the amount of each ingredient by weight; (D) The net weight or net volume of the cottage food product; (E) Allergen information as specified by federal labeling requirements; (F) If any nutritional claim is made, nutritional information as specified by federal labeling requirements; and”D.C. Code § 7-742.02, Cottage food businesses (D.C. Law Library) · Read Oct 24, 2026
  • District of Columbia's Cottage Food Business rules: the home-made labelD.C. Municipal Regulations, Title 25-K § 104, Cottage Food Regulations (D.C. Register, Dec. 29, 2017) says:“104.1 A cottage food business shall label each food product in accordance with Section 4932(c)(2) of Section 2 of the Cottage Food Amendment Act of 2013 (D.C. Official Code § 7-742.02(c)(2) (2016 Supp.)), and in accordance with 21 CFR part 101 (2016), Food Labeling.”D.C. Municipal Regulations, Title 25-K § 104, Cottage Food Regulations (D.C. Register, Dec. 29, 2017) · Read Oct 24, 2026

How do I get pesto into a store in District of Columbia?

  • District of Columbia's Cottage Food Business rules: what applies beyond the home-kitchen rulesD.C. Code § 7-742.02, Cottage food businesses (D.C. Law Library) says:“(a) This section shall not: (1) Apply to a food establishment that is required to have a license under Department regulations; or”D.C. Code § 7-742.02, Cottage food businesses (D.C. Law Library) · Read Oct 24, 2026
  • District of Columbia's Cottage Food Business rules: what applies beyond the home-kitchen rulesD.C. Code § 7-742.02, Cottage food businesses (D.C. Law Library) says:“(a) This section shall not: ... (2) Exempt a cottage food business from any applicable District or federal tax laws.”D.C. Code § 7-742.02, Cottage food businesses (D.C. Law Library) · Read Oct 24, 2026

From there, ShelfStep's standard plan for a refrigerated or frozen food has 20 steps. The first 6 help you find out where and how pesto can be made at all, so they come first:

  1. 1.

    Write the recipe down with exact amounts

    Cost, price, nutrition and the label are all worked out from this. Write it in the units you actually use; ShelfStep converts for the label. What matters is that someone else could make the same batch from what is written.

  2. 2.

    Decide how it is kept: on a shelf, in the fridge or frozen

    The planned storage helps the reviewer assess the process, shelf life and packaging.

    In the plan: It decides which rules you follow.

  3. 3.

    Work out how it stays cold from your kitchen to the shop

    If your product needs refrigeration or freezing, plan how to keep it cold at every hand-off. Who keeps it cold at each hand-off, and how you would know if they did not, is what a buyer asks first.

  4. 4.

    Find out where you are allowed to make it for sale

    This finds out whether the state’s rules allow making this in a home kitchen or point to a commercial one — and that changes the cost and the timeline of everything after it. It is much cheaper to find out now than after buying packaging.

    In the plan: Your state's home-kitchen rules, in its own words. Whether they cover your product is for your state's agency to say.

  5. 5.

    Have the pH and water activity of a finished batch measured

    These measurements give your reviewer information about the batch; they do not establish safety or storage conditions on their own.

    In the plan: The two numbers the acidified-food rules name. Measured on the finished product, once it has settled.

  6. 6.

    Get a Process Authority's letter on how it is made safe

    Ask a qualified reviewer which process and storage conditions your product needs. This is where you ask someone qualified, a Process Authority, to put in writing how the product is made safe. Buyers, insurers and inspectors may ask for that document, and it cannot be obtained after the fact for product you have already sold.

    In the plan: Needs the pH first. Their letter sets out the process they ask you to hold to, and the storage line for your label.

Every step, with its reason and what it typically costs, is on the pesto page:

Where do I go from here?

Check the rules for yours, then keep it

The rules check runs the same deterministic engine ShelfStep uses inside the app, on your answers, and quotes the sentences each rule rests on, with their links and the day ShelfStep read them. It does not decide which apply. It is free, needs no account and uses no AI. A ShelfStep workspace then keeps your plan, your records and the dates, free for one product.

Something here out of date, or a state we should write up next? Email hello@shelfstep.com.