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. |
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
Candy
Condiments
Dry goods
Preserves
Snacks
Other
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
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
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
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
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
Track pickle sales
If you sell acidified vegetables, keep records so you stay under $9,000 a year and can show VDACS.
-
5
Check local rules
Confirm local zoning and business license requirements with your city or county.
-
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
Ingredients
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:
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
1993
Section originally enacted as 3.1-398.1 (1993, c. 936).
2024
Amended by 2024 c. 131.
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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