Cottage Food Laws by State

Virginia Cottage Food Laws

Virginia exempts home cooks from state inspection, permits, and the $40 annual fee when they make certain low-risk foods in their own private home. The exemption is a specific list rather than a catch-all, and every item must be safe without refrigeration. There is no sales cap for most foods, though pickles and other acidified vegetables stop at $9,000 a year.

Annual sales cap

None for most foods ($9,000 for pickles and acidified vegetables)

Permit

None

Training

Not required

Home inspection

No

Online sales

Allowed

Shipping

Allowed

Across state lines

Not allowed

Wholesale

Not allowed

Verified against official sources on 2026-10-21.

Where You Can Sell in Virginia

You may sell to individuals in Virginia for their own use, at any location, by phone, or over the internet. Delivery in person, by mail, or by delivery service is allowed. Resale, consignment, sales to retail food establishments or other businesses, and sales across state lines are not. Every package needs your contact details, the processing date, and the no-inspection statement.

Channel Status
From home Conditions apply

Food must be made in the producer's own private home; it may be sold at any location to in-state individuals.

Online orders Conditions apply

Internet and phone sales are allowed to individuals in Virginia for their own consumption.

Retail stores Not allowed
Wholesale Not allowed
Restaurants Conditions apply

Not offered for use or consumption in retail food establishments.

Delivery: yes Mail order / shipping: yes

What You Can Sell in Virginia

The statute names baked goods, candies, cotton candy, jams and jellies that are not low-acid, dried fruits, dried pasta, dry mixes, cereals, granola, nuts, popcorn, roasted coffee, dried tea, trail mixes, and vinegars. Fillings like custard, fresh fruit, or cream cheese can push a baked good out of the exemption. Acidified pickles need a finished pH of 4.6 or lower.

Only the specific low-risk foods named in the statute, and none may need refrigeration or other time or temperature control after preparation.

Bread

Baked goods that do not need time or temperature control Dry baking mixes

Candy

Candies Cotton candy

Condiments

Vinegars and flavored vinegars Pickles and other acidified vegetables with finished pH 4.6 or lower (capped at $9,000 per year)

Dry goods

Dry herbs Dry seasonings Dry mixtures Dried fruits Dried pasta Dried tea Roasted coffee beans and grounds Cereals Granola Trail mixes

Preserves

Jams and jellies that are not low-acid or acidified low-acid

Snacks

Popcorn and popcorn balls Coated and uncoated nuts

Other

Honey from your own hives (separate conditions, under 250 gallons a year)

Allowed with conditions

  • Pickles and acidified vegetables — Finished equilibrium pH of 4.6 or lower, not requiring refrigeration, and no more than $9,000 in gross sales per calendar year.
  • Honey — Must come from your own hives, under 250 gallons sold per year, and you may not sell other foods beyond those allowed under the home exemption; label needs an infant botulism warning.
  • Jams and jellies — Not allowed if low-acid or acidified low-acid (for example low-sugar or no-sugar recipes may fall outside the exemption).

Not allowed

Foods requiring time or temperature control for safety Cheesecakes, cream pies, custards, and meringues (listed by VDACS as examples that may not qualify) Canned fruits, fresh salsa, hot sauces, salad dressings, and barbecue sauces (listed by VDACS as examples that may not qualify)

Limits and Requirements

Annual sales cap

None for most foods ($9,000 for pickles and acidified vegetables)

  • Made in your own private home
  • Sold only to individuals in Virginia for their own consumption
  • No resale, consignment, or sales to retail food establishments or other businesses
  • No sales across state lines
  • Pickles and acidified vegetables limited to $9,000 gross sales per calendar year
  • VDACS may still inspect after a consumer complaint
  • Violating the section is a Class 1 misdemeanor

Local rules: The state exemption does not address local rules. Check city or county zoning and business license requirements.

How to Start Selling in Virginia

  1. 1

    Check your recipe against the list

    Make sure each product is on the statutory list and does not need time or temperature control. VDACS says some recipes need lab testing from a food processing authority to confirm.

  2. 2

    Test pH for pickles and acidified vegetables

    Finished equilibrium pH must be 4.6 or lower. VDACS says paper strips are not accurate enough; each product needs its own test.

  3. 3

    Make labels

    Put your name, address or PO box, phone, the processing date, and the required no-inspection statement on the front of the package, plus standard labeling items.

  4. 4

    Track pickle sales

    If you sell acidified vegetables, keep records so you stay under $9,000 a year and can show VDACS.

  5. 5

    Check local rules

    Confirm local zoning and business license requirements with your city or county.

  6. 6

    Contact VDACS if unsure

    Call the VDACS Food Safety Program at (804) 786-3520 or email foodsafety@vdacs.virginia.gov. Foods or sales outside the exemption need a permit and the $40 annual fee.

What a Compliant Virginia Label Looks Like

Quickly Cottage builds your ingredient list, detects allergens, and adds the required disclosure automatically.

Product

Chocolate Cake Pops

Ingredients

Devil's Food Cake Mix Betty Crocker
Dark Chocolate Melting Wafers Ghirardelli
Rainbow Jimmies Sprinkles Wilton
Red Food Color McCormick

Chocolate Cake Pops

Net Wt: 8 oz (227g)

Produced: October 23, 2026

Sunflower Home Bakery

412 Maple Ave, Springfield, VA

(555) 010-0142

hello@sunflowerbakery.com

Ingredients:

Enriched Bleached Flour (Wheat Flour, Niacin, Iron, Thiamin Mononitrate, Riboflavin, Folic Acid), Sugar, Cocoa (Processed with Alkali), Leavening (Baking Soda, Sodium Aluminum Phosphate, Monocalcium Phosphate), Corn Starch, Salt, Soybean Oil; Sugar, Unsweetened Chocolate, Cocoa Butter, Milkfat, Soy Lecithin, Vanilla; Sugar, Corn Starch, Vegetable Oil (Palm), Confectioner's Glaze, Carnauba Wax, FD&C Colors; Water, Propylene Glycol, FD&C Red 40.

Contains:

Wheat Milk Soy

NOT FOR RESALE – PROCESSED AND PREPARED WITHOUT STATE INSPECTION.

Label Requirements

Every cottage food product sold in Virginia must have a label that includes the following.

Required field
All 9 FDA major allergens present
Complete ingredient list, in descending order by weight
Business name
Business address
Product name
Net weight
Phone number
Date of production
Email address
"Not inspected" disclosure statement

Virginia Labeling Notes

  • Place the information on the principal display panel (front of the package).
  • Where packaging is too small, or food is eaten on site, a sign at the point of sale with all of the same information may replace the label (baked and dry goods).
  • VDACS also says labels must meet standard labeling rules: product name, net weight, ingredients and sub-ingredients, and possibly nutrition information.
  • Honey uses a different label: PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.

Required Label Disclosure

This exact text must appear on every label you sell in Virginia.

NOT FOR RESALE – PROCESSED AND PREPARED WITHOUT STATE INSPECTION.

Quickly Cottage adds this to your label automatically.

Generate your Virginia label in minutes

Ingredient lists, allergens, and the required disclosure — built in automatically.

Virginia Cottage Food — Common Questions

Exempt home producers need no VDACS permit, inspection, or the $40 annual inspection fee, as long as they follow the exemption terms in Va. Code 3.2-5130.

The limit is None for most foods ($9,000 for pickles and acidified vegetables) in gross sales.

The exemption statute and the VDACS FAQ do not require any training or course.

Online sales are allowed. Shipping is allowed. Internet and phone sales are allowed to individuals in Virginia for their own consumption.

Not allowed: Foods requiring time or temperature control for safety; Cheesecakes, cream pies, custards, and meringues (listed by VDACS as examples that may not qualify); Canned fruits, fresh salsa, hot sauces, salad dressings, and barbecue sauces (listed by VDACS as examples that may not qualify).

Resources and Law History

Who to contact

VDACS Food Safety Program

(804) 786-3520

Agency website
  1. 1993

    Section originally enacted as 3.1-398.1 (1993, c. 936).

  2. 2024

    Amended by 2024 c. 131.

  3. 2026

    Amended by 2026 c. 605; the VDACS FAQ was revised July 2026 and states internet sales and mail delivery are allowed.

Law reference: Virginia Home Food Processing Exemption (Code of Virginia section 3.2-5130 (Permits; exemptions)) · Last updated 2026 · Always verify requirements with your state's department of agriculture before selling.

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Quickly Cottage builds your ingredient list from the brands you actually use, and generates a label with the Virginia-required disclosure already included. Start free.