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Virginia Cottage Food Laws

Everything you need to know about selling homemade food in Virginia

Has Law
Yes
Annual Limit
No limit for general cottage foods; $3,000 cap for acidified foods; 250 gal/year honey.
Online Sales
Allowed
In-State Shipping
Allowed
License Required:Not Required
Labeling Required:Required

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Virginia Cottage Food Law: A Comprehensive Guide for Home-Based Food Entrepreneurs

This guide offers a detailed, practical overview of Virginia’s cottage food law—covering allowed and prohibited foods, sales limits, registration requirements, labeling rules, sales venues, and more—based solely on official VDACS and legal sources to help aspiring home food entrepreneurs confidently navigate the regulations.

Quick Facts

Requirement Virginia
Annual Sales Limit No limit for general cottage foods; $3,000 cap for acidified foods; 250 gal/year honey.
License Required No state-level license or registration required (exempt).
Registration Required No.
Home Inspection No, unless complaint or foodborne illness triggers investigation.
Food Safety Training Not required, but recommended (e.g., Better Process Control School for acidified foods).
Labeling Required Yes — name, address, phone, product name, date processed, net weight, ingredients/allergens, “NOT FOR RESALE – PROCESSED AND PREPARED WITHOUT STATE INSPECTION”; honey must include infant warning.
Online Sales No, only advertising allowed; sales must be in-person.
Delivery No, in-person pick-up only.
Shipping No, interstate sales and mail-order are prohibited.

1. Overview / Introduction

Virginia's cottage food law is known as the Home Kitchen Food Processing Exemption, administered by the Virginia Department of Agriculture and Consumer Services (VDACS). It exempts certain low-risk foods made in a private home from inspection and permit requirements, as defined in Virginia Code § 3.2‑5130 and described in the VDACS Kitchen Bill FAQ PDF. (vdacs.virginia.gov) The law allows home-based sale of low-risk items without calendar-year caps, except for acidified vegetables and honey.

2. Sales Limits

  • General cottage foods (e.g., baked goods, candy, dried herbs, etc.) have no annual sales limit. (cottagecms.com)
  • Acidified vegetables (e.g., pickles, salsa with pH ≤ 4.6) are capped at $3,000 gross annual sales, as per VDACS guidance. (pickyourown.org)
  • Honey (pure) has a separate cap of 250 gallons per year. (cottagecms.com)

3. Licensing & Registration

Under the exemption, no state-level license, permit, or registration is required to operate a cottage food business from home. (ij.org) There is also no $40 annual inspection fee, as cottage food operations are exempt from VDACS periodic inspections. (pickyourown.org) However, local zoning or business licenses may be required, so check with your city/county. (pickyourown.org)

4. Training Requirements

The law does not mandate any formal food safety training or certification to operate as a cottage food producer. (ij.org) That said, VDACS strongly encourages training—especially for acidified foods (e.g., Better Process Control School)—to ensure proper pH control. (pickyourown.org)

5. Home Kitchen Inspection

No inspection is required before beginning cottage food operations under the exemption. VDACS inspections are only triggered in response to consumer complaints or suspected foodborne illness. (discover.texasrealfood.com)

6. Allowed Foods

Permitted cottage foods include non–time-and-temperature-controlled items, such as:

  • Baked goods that don’t require refrigeration (e.g., breads, cookies, cakes)
  • Candy, cotton candy, popcorn, popcorn balls
  • Jams, jellies, vinegars, dried fruits, dried herbs, seasonings, dry mixtures, coated/uncoated nuts, dried pasta, baking mixes, roasted coffee, dried tea, cereals, trail mix, granola
  • Acidified vegetables with pH ≤ 4.6 (limited to $3,000/year)
  • Honey (limited to 250 gallons/year) (ij.org)

7. Prohibited Foods

Prohibited items include:

  • Perishable baked goods requiring refrigeration (e.g., cream-filled pastries)
  • Low-acid canned foods or fermented foods (e.g., kombucha)
  • Dried vegetables, juices, fruit butters, meat jerky, dairy products, meat products
  • Any product not expressly included—if it’s not on the allowed list, it’s not allowed. (ij.org)

8. Labeling Requirements

Every packaged product must feature the following on the principal display panel:

  • Business name, physical address, and telephone number of the preparer
  • Product name and date processed
  • Net weight (in U.S. or metric units)
  • Full ingredient list, with allergens declared
  • The exact statement: “NOT FOR RESALE – PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” (ij.org) Honey labels should additionally include: “WARNING: Do Not Feed Honey to Infants Under One Year Old.” (pickyourown.org) For small items (e.g., individual cookies), labels can be replaced by a display sign with all required elements. (thecottagelawkitchen.com)

9. Where You Can Sell

Allowed venues for cottage food sales under the home kitchen exemption are strictly direct-to-consumer, in-person, and within Virginia only. Acceptable venues include:

  • At your private home
  • At farmers markets and short-term events (up to 14 consecutive days) (cottagecms.com) Prohibited venues and methods:
  • Online sales or mail-order (advertising is allowed, but transactions must be in-person) (cottagecms.com)
  • Interstate or out-of-state sales
  • Sales to retail stores, restaurants, or wholesale/resale operations (ij.org)

10. Sales Tax

State sales tax must be collected on cottage food sales like any other, but the exemption does not affect your tax obligations. Some local markets or jurisdictions may require a sales tax permit. (thecottagelawkitchen.com)

11. Special Exemptions / Updates

A key legislative update (HB 759, effective July 1, 2024) expanded allowed venues to all temporary events up to 14 days, raised the acidified food cap to $9,000/year, and permitted online advertising (though not sales). (cottagecms.com) This update is significant—official VDACS sources should still be checked for its recognition in state materials.

12. Getting Started — Practical Steps

  1. Verify local zoning/business license requirements with your city or county. (pickyourown.org)
  2. Prepare your kitchen space: Ensure food areas are enclosed and pets are excluded. (pickyourown.org)
  3. Plan products: Choose allowed foods (e.g., baked goods, jams). If making acidified foods or honey, track annual totals carefully. (ij.org)
  4. Label correctly: Include all required elements and disclaimers. Honey needs additional infant warning. (pickyourown.org)
  5. Design your sales strategy: Use dine-in or farmers markets, and for events up to 14 days. Online ads OK, but sales must be in-person. (cottagecms.com)
  6. Maintain records of production, dates, sales (especially acidified and honey) in case of inquiry. Though inspected only on complaint, documentation is crucial. (pickyourown.org)
  7. Consider training (e.g., Better Process Control School) especially for acidified products. (pickyourown.org)

13. Official Resources

  • VDACS Kitchen Bill FAQ (Home Kitchen Food Processing Exemptions) PDF (vdacs.virginia.gov)
  • VDACS Home Food Processing Application (for fully licensed operations) PDF (vdacs.virginia.gov)
  • Virginia Code § 3.2‑5130 — legal basis for inspection exemptions (law.lis.virginia.gov)
  • VDACS Home & Commercial Kitchen-Based Businesses page — for info on permitting and exceptions (vdacs.virginia.gov)
  • VDACS regional contacts and zoning map (Regional Contact Map PDF) — for local inquiries (not directly fetched but listed in approved URLs)

Official Sources

This guide was compiled from the following official sources:

Important Notes

⚠️ Some sources (e.g., CottageCMS) reference legislative updates (HB 759) not yet reflected in official VDACS documents—verify directly with VDACS if using new acidified food cap or event rules.

⚠️ Local jurisdictions may impose additional zoning, business license, or sales tax requirements not covered in state-level materials.

Last updated: January 7, 2026

Disclaimer: This information is provided for general guidance only and may not be current. Cottage food laws change frequently. Always verify requirements with your state's health department before starting a home food business.