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Cottage Food Laws in Virginia

Last verified against official sources on by Amrit. How we verify

Yes. In Virginia you can make and sell baked goods, candy, jams and jellies that are not low-acid, and certain other low-risk foods named in the law from your home kitchen with no state permit, inspection or inspection fee, as long as the food does not need refrigeration. You can sell in person, online or by phone, but only to people in Virginia who are buying for themselves, not for resale and not to restaurants or other businesses. Each package needs a label with your name, address or PO box, phone number, the date it was made and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION."[1][2]

At a glance

Permit neededNo permit, inspection or fee for exempt home foods[1]
Sales capNone for baked goods and other low-risk foods. $9,000 a calendar year for pickles and acidified vegetables.[1]
FoodsLow-risk foods named in the law that do not need refrigeration, such as baked goods, candy, jams and jellies that are not low-acid, dry mixes, granola and roasted coffee. Pickles and acidified vegetables with a pH of 4.6 or lower.[1]
Label statement"NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION"[2]
Where you can sellAt any location, online or by phone, to people in Virginia buying for their own use. Not for resale, and (VDACS says) not to stores, restaurants or other businesses.[1][2]
Online and shippingOnline and phone sales are allowed. You can deliver in person, by mail or by delivery service, but only within Virginia.[1]
FeeNone for exempt home producers (permitted food manufacturers pay $40 a year)[2]
AgencyVirginia Department of Agriculture and Consumer Services (VDACS), Food Safety Program[2]

Step by step

Do these in order. Each step links to the official form or page.

  1. Check that your food is allowed

    Your food must be on the state's list and must be safe at room temperature after it is made. Foods that need refrigeration (called TCS foods, short for "time/temperature control for safety") are not exempt. VDACS lists cheesecakes, cream pies, custards, meringues, and breads or cakes filled or topped with fresh fruit, fruit curd, custard, whipped cream, mousse or cream cheese as examples that may not qualify. Whether a food qualifies depends on your recipe; if you are unsure, a food processing authority (a food-safety lab or specialist) can test it.[1][2]

  2. Test the pH of pickles and acidified vegetables

    If you sell pickles, relishes or other acidified vegetables, each product must have a finished pH of 4.6 or lower. Test each different product. Paper strips are not accurate enough; VDACS points to electronic pH meters. For products canned less than 2 months ago, blend the sample before testing rather than testing only the brine. You can test it yourself if you can do it accurately, or use a private lab or a university.[1][2]

  3. Label every item

    Put a label on the front of the package with your name, your physical address or a PO box, your phone number, the date the food was made, and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION". For baked goods and other low-risk foods in packaging too small for a label, the law allows a sign where you sell with the same information instead. VDACS also accepts a sign for food sold to be eaten on the spot, and says the same for pickles, although the pickle section of the law mentions only a label. VDACS says the label must also meet standard food labeling rules: product name, net weight, ingredients, and possibly nutrition information.[1][2]

  4. Sell directly to customers in Virginia

    Sell at your home, a market, an event, online or by phone, to people in Virginia buying for their own use. Deliver in person, by mail or by delivery service within Virginia. Do not sell for resale or to restaurants; VDACS adds stores, cafes and other businesses, and says not to sell across state lines. You do not need a VDACS permit and do not pay the inspection fee.[1][2]

    Fee: Free

  5. Keep a record of pickle sales

    If you sell pickles or acidified vegetables, keep track of your sales as you go so you can show VDACS you stayed at or under $9,000 for the calendar year.[2][1]

What you can and can't sell[1][2]

Allowed

  • Baked goods that don't need refrigeration, such as cookies, muffins, fruit pies, sourdough and plain breads and cakes
  • Candy, cotton candy, popcorn and popcorn balls
  • Jams and jellies that are not low-acid, such as blueberry, grape, peach and strawberry
  • Dried fruit, dry herbs, dry seasonings, dry mixes and dry baking mixes
  • Coated and uncoated nuts, granola, trail mix, cereals and dried pasta
  • Roasted coffee, dried tea, vinegars and flavored vinegars
  • Pickles, relishes, chow-chow and acidified salsa with a pH of 4.6 or lower (up to $9,000 a year)
  • Pure honey from your own hives (under 250 gallons a year)

Not allowed

  • Foods that need refrigeration, such as cheesecake, cream pies, custards and meringues
  • Breads or cakes filled or topped with fresh fruit, fruit curd, custard, whipped cream, mousse or cream cheese
  • Apple butter, fig jam, pepper jelly and other low-acid jams
  • Barbecue sauce, hot sauce, salad dressing, fresh salsa and canned fruits
  • Low-acid canned vegetables
  • Infused or hot honey, and mead

What it costs

StepFee
Sell directly to customers in VirginiaFree
Total if every fee applies to you$0

Recent changes

Frequently asked questions

Can I ship my cookies to customers?

Yes, within Virginia. You can deliver in person, by mail or by a delivery service to a customer in Virginia. You cannot ship across state lines under the home exemption.[1][2]

Can I sell my baked goods to a coffee shop or store?

No. VDACS says home-exempt food cannot be sold for resale, on consignment, to other businesses, or for use in restaurants and other retail food establishments. To sell wholesale you need a permit from the VDACS Food Safety Program.[2]

Can I sell cheesecake or cakes with cream cheese frosting?

Probably not under the home exemption. Foods that need refrigeration are not exempt. VDACS lists cheesecakes, cream pies, custards and cakes topped with cream cheese or whipped cream as examples that may not qualify. Buttercream can go either way depending on the recipe.[1][2]

Do I have to put my home address on the label?

No. The law accepts a physical address or a post office box number, along with your name and phone number.[1]

Can I sell pepper jelly or salsa?

VDACS lists pepper jelly as an example that may not be allowed under either home exemption (low-risk foods or acidified vegetables). Acidified salsa may be allowed as an acidified vegetable if its finished pH is 4.6 or lower, which counts toward the $9,000 yearly cap. VDACS lists fresh salsa as an example that may not be allowed. In each case it depends on the recipe.[2][1]

Will VDACS inspect my kitchen?

Not routinely. Exempt home producers skip the permit and inspection, but VDACS can still inspect a private home if it gets a consumer complaint.[1]

Can I sell honey from my own bees?

Yes, under a separate exemption, if it is pure honey from your own hives, you sell less than 250 gallons a year, and you do not sell other foods besides honey except those allowed under the home exemptions above. The label must say "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old." VDACS says there are currently no limits on where or how exempt honey can be sold.[1][2]

Sources

  1. Code of Virginia § 3.2-5130. Inspections required to operate food establishment, Virginia General Assembly (Legislative Information System). Checked October 25, 2026.
  2. Virginia's Home Food Processing Exemptions: Frequently Asked Questions (VDACS-FSP-EXFAQ-REVJUL2026), Virginia Department of Agriculture and Consumer Services. Checked October 25, 2026.
  3. Home and Commercial Kitchen-Based Businesses and Food Service Vendors, Virginia Department of Agriculture and Consumer Services. Checked October 25, 2026.
  4. 2024 Acts of Assembly, Chapter 131 (HB 759): food inspections; private homes; pickles and acidified vegetables; gross sales, Virginia General Assembly (Legislative Information System). Checked October 25, 2026.

This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Virginia Department of Agriculture and Consumer Services (VDACS), Food Safety Program or your local health department. Spotted something wrong or out of date?Report it and we will check it.