West Virginia Cottage Food Laws

West Virginia Cottage Food Law: Complete Guide

West Virginia’s cottage food law, embedded in its farmers market statutes, permits home-prepared nonpotentially hazardous foods and certain acidified and exempted foods to be sold via a cottage foods permit, subject to labeling and delivery rules. This guide outlines key legal requirements for entrepreneurs, based purely on official West Virginia statutes and legislative materials.

Quick Facts

1. Overview / Introduction

West Virginia does not maintain a standalone "cottage food law" under that name; instead, cottage foods are regulated through the West Virginia farmers market statute, particularly Chapter 19, Article 35, enacted via HB 2633 (2021) and related code sections (code.wvlegislature.gov). This law aims to reduce barriers for small-scale local food producers by creating exemptions and permitting cottage food sales at farmers markets under state-level oversight (code.wvlegislature.gov).

2. Sales Limits

There is no specified annual revenue or sales cap for cottage food entrepreneurs reflected in the statutes or the farmers market article (code.wvlegislature.gov).

3. Licensing & Registration

• To sell cottage foods, vendors must obtain a cottage foods permit as a type of farmers market vendor permit under § 19‑35‑5 (code.wvlegislature.gov).
• Farmers markets themselves must register with the Department of Agriculture and display the registration (code.wvlegislature.gov).
• A cottage foods permit is valid statewide and is not a traditional food establishment permit (code.wvlegislature.gov).
• Vendors selling nonpotentially hazardous foods may be exempt from licensing, permitting, inspection, packaging, and labeling laws, when conducted according to the code and rules (code.wvlegislature.gov).

4. Training Requirements

No training, food handler certification, or education prerequisite is specified in the statute for cottage food vendors or farmers market vendor permits.

5. Home Kitchen Inspection

Under West Virginia law, home, farm, community, or commercial kitchens may be used by cottage foods vendors, at the Department’s discretion; however, no mandatory inspection of home kitchens is specified (wvlegislature.gov).

6. Allowed Foods

Under § 19‑35‑5 (HB 4295/2021):

• Acidified foods (e.g., pickles, sauces, salsas) qualify if the majority of produce used is from the vendor’s West Virginia farm or garden, with source records maintained (wvlegislature.gov).
• Nonpotentially hazardous foods, including breads, cakes, candies; honey, maple syrup, apple butter, molasses; standardized jams and jellies; dehydrated fruits and vegetables (wvlegislature.gov).
• Other exempted foods, such as certain fermented products, condiments, commercially harvested mushrooms, and canned whole/chopped tomatoes, sauce, juice with pH ≤ 4.6 (wvlegislature.gov).

7. Prohibited Foods

The law doesn’t enumerate forbidden foods within the cottage food sections, but general statewide agriculture prohibitions apply, including against selling contaminated, adulterated, misbranded, or misleadingly labeled products (§ 19‑2‑7) (code.wvlegislature.gov).

8. Labeling Requirements

Cottage foods must carry labels per departmental standards and include content and source information. Specifically, labels must include: “MADE IN A WV ______ KITCHEN”, in capital, bold, 10‑point type or larger, with the blank indicating whether it’s a home, farm, community, or commercial kitchen (wvlegislature.gov). Other detailed labeling requirements are to be defined by final departmental rules, which are not fully detailed in the statutory text.

9. Where You Can Sell

• Cottage foods are only permitted for sale at registered farmers markets as defined under Article 35 (code.wvlegislature.gov).
• Online sales are allowed only if delivered in person—shipping is not permitted (wvlegislature.gov).
• Sales may occur in person at market days or via remote order with personal delivery.

10. Sales Tax

West Virginia statutes excerpted do not address state or local sales tax requirements for cottage food sales. Vendors should verify tax obligations separately.

11. Special Exemptions

• Nonpotentially hazardous foods are exempt from licensing, permitting, inspection, packaging, and labeling laws—when sold per the code and applicable rules (code.wvlegislature.gov).
• The statute preempts local jurisdictions from imposing additional restrictions on nonpotentially hazardous cottage foods, except regarding government-operated spaces or short temporary events (≤14 days) (code.wvlegislature.gov).
• Provisions do not exempt vendors from applicable tax laws, business registration, or federal regulations (code.wvlegislature.gov).

12. Getting Started

To launch a cottage food business in West Virginia, follow these steps:

1. Review the law (Chapter 19, Article 35) to understand allowed products and requirements (code.wvlegislature.gov).
2. Prepare your kitchen—home, farm, community, or commercial—as allowed under departmental discretion.
3. Select eligible products: acidified foods (e.g. pickles), nonpotentially hazardous items (e.g. breads, jams), or other exempted foods as defined.
4. Label your products, including “MADE IN A WV ____ KITCHEN” in bold, 10‑point type or larger, and content/source disclosures (wvlegislature.gov).
5. Apply for a cottage foods vendor permit through the West Virginia Department of Agriculture.
6. Register the farmers market where you will sell (markets register separately) (code.wvlegislature.gov).
7. Plan your delivery method: in‑person sales at the market or personal delivery of online orders; shipping is prohibited (wvlegislature.gov).
8. Ensure compliance with general food safety laws, avoiding adulteration or misbranding (§ 19‑2‑7) (code.wvlegislature.gov).
9. Confirm any applicable sales tax or business registration requirements via state tax authorities.

13. Official Resources

• West Virginia Legislature – Chapter 19, Article 35 (Farmers Markets / Cottage Foods) (code.wvlegislature.gov)
• Bill text HB 4295 clarifying cottage foods provisions (2018 session) (wvlegislature.gov)
• West Virginia Secretary of State legislative rules portal (for CSR rules, labeling standards, fee schedules; PDF source) (apps.sos.wv.gov)

Entrepreneurs should also consult the West Virginia Department of Agriculture for current permit applications, fee schedules, and finalized labeling and safety rules.

Official Sources

This guide was compiled from the following official sources:

• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov
• www.wvlegislature.gov
• apps.sos.wv.gov

Important Notes

⚠️ Labeling standards and fee amounts may be detailed in legislative rules (CSR), which should be reviewed for updates, as the PDF source was noted but content not fully extracted.

⚠️ Sales tax obligations and business registrations are not addressed in the statutes; entrepreneurs should verify these separately.

⚠️ If departmental rules evolve, some provisions such as labeling requirements might be updated.