Cottage food laws · Virginia
Yes, you can sell what you bake in Virginia.
Virginia gives home cooks two doors. Door one — the home kitchen exemption — is genuinely free: no registration, no application, no inspection, no fee, no government contact at all, for shelf-stable goods sold to your neighbors — in person or, since July 1, 2026, by internet or phone order with in-state delivery. Door two — a $40-a-year permitted home operation — adds the thing the free path can’t touch: refrigerated goods like cheesecake, plus wholesale and shipping out of state. Here’s the whole picture, in plain English.
Verified against Va. Code §3.2-5130 and VDACS’s home-kitchen exemption FAQ
Last checked July 2, 2026 — every section links its sources.
A plain-English breakdown, not legal advice — we’re not lawyers. Always confirm the details with your own city and state before you sell.
The 2-minute version
Starting path: The home kitchen exemption — other paths differ (see below)
- Sales cap
- None
- State registration
- Not required
- Kitchen inspection
- Not required
- Food-handler card
- Not required
- Sell at markets
- Yes
- Shipping
- In-state only
Three cards, the whole story. Everything below is detail — with the actual laws linked, so you never have to take our word for it. (At-a-glance reflects current law, including the July 1, 2026 expansion — now in effect — to internet/phone orders and in-state delivery.)
Selling shelf-stable goods?
That’s the home kitchen exemption — the cottage food law. No application, no fee, no government contact at all. Put the right label on cookies, breads, candy, jams, pickles, or honey and sell to a Virginian — in person, or (since July 1, 2026) by internet/phone order with in-state delivery. No cap on baked goods or the shelf-stable list; acidified vegetables (pickles, salsa) cap at $9,000/yr, honey under 250 gallons/yr.
Want to sell cheesecake?
That takes a VDACS-permitted home food processing operation — a free application, one home inspection, and a $40-a-year fee. In exchange you can make refrigerated and frozen goods (cheesecake, custard pies, dips, soups), sell wholesale to stores and restaurants, and ship out of state.
Kids’ stands?
A young baker selling shelf-stable cookies or breads follows the same free, no-registration, no-inspection home kitchen exemption an adult does — the only requirement is the label. Virginia writes no special kid-stand exemption, and doesn’t need to for most stands.
Two ways to sell — pick your path
In shortEverything flows from one statute, §3.2-5130. Your two paths split on one question: does what you make need refrigeration (or do you want stores, wholesale, or out-of-state customers)? Shelf-stable → the free exemption. Refrigerated / wholesale → the $40 permitted operation.
Everything in Virginia flows from one statute, §3.2-5130, which starts by saying home food production needs a state permit and inspection — then carves out an exemption for low-risk goods. So your two real paths split on one question: does what you make need refrigeration (or do you want stores, wholesale, or out-of-state customers)? The cleanest way to see the difference: a cheesecake can’t legally come out of the free exemption — it needs refrigeration — but a $40 permitted home operation can make it. Same product, two answers.
The home kitchen exemption
The cottage food law. No registration, no application, no inspection, no fee, no government contact — you just stay inside the statute’s boxes: make food on the shelf-stable list, label it correctly, and sell to a Virginian for their own use — in person or, since July 1, 2026, by internet or phone order with in-state delivery.
VDACS keeps the right to inspect on a complaint (§3.2-5130(D)) and a general inspection-and-sampling access authority (§3.2-5102) — but there’s nothing to file.
Pick this path if: everything you sell is shelf-stable — cookies, breads, candy, jams, granola, dry mixes, pickles, or honey from your own hives.
A permitted home food processing operation
A VDACS-permitted food operation that happens to be in your home. You file a free application, pass one home inspection, and pay $40 a year (billed after the inspection — there’s no application fee).
In exchange you can make the things the exemption can’t: refrigerated and time/temperature-controlled goods — cheesecake, custard pies, dips, soups — and frozen goods, plus sell wholesale to grocery stores, convenience stores, and restaurants, ship over the internet, and reach out-of-state customers.
Pick this path if: you want refrigerated items, wholesale or consignment accounts, or customers outside Virginia — or your product simply isn’t on the exemption’s lists.
Neither path covers meat, poultry, Grade A milk, or shellfish (separate inspection regimes), or hot meals / catering / food service — that’s restaurant territory under local health departments and the Virginia Department of Health, not VDACS.
Sources: Va. Code §3.2-5130 · VDACS — home-kitchen exemption FAQ · VDACS — Home Food Processing How-To
Where you can sell
In shortExemption: to an individual in Virginia — your home, a farmers market, an event ≤14 days, or (since July 1, 2026) by internet/phone order with in-state delivery. No resale, no wholesale, no out of state. A permitted operation can do all that plus wholesale, shipping, and out of state.
Path A — the exemption: to an individual in Virginia for their own consumption — not for resale or consignment. Sell at your private home, a farmers market, or a temporary event that runs no more than 14 consecutive days. Since July 1, 2026 you can also take orders online or by phone and deliver in person, by mail, or by delivery service within Virginia. Not to stores or restaurants for resale, and not across state lines.
Honey is treated more freely: VDACS says there are currently no restrictions on where honey may be sold or to whom.
In effect since July 1, 2026: 2026 Acts c. 605 replaced the old in-person-only rule with sales “at any location, through the internet, or by phone” to a Virginian, plus delivery in person, by mail, or by delivery service within Virginia. Still in-state only, still no resale or wholesale. (See “What changed.”)
Path B — the permitted operation: retail from your home or events, wholesale to grocery stores, convenience stores, and restaurants, internet sales, shipping via USPS/UPS/FedEx, and out-of-state distribution. (Shipping across state lines also brings in federal FDA jurisdiction — worth knowing before you do it.)
Sources: Va. Code §3.2-5130 · VDACS — home-kitchen exemption FAQ · 2026 Acts c. 605 (HB 402) · VDACS — Home Food Processing How-To
What you can sell
In shortThe exemption is a closed shelf-stable list (no cap), plus acidified vegetables (pH ≤4.6, $9,000/yr cap) and pure honey from your own hives (under 250 gal/yr). A permitted operation adds the refrigerated and frozen goods the exemption bans — cheesecake, custard pies.
The exemption’s shelf-stable list — no dollar cap
Statutory list at §3.2-5130(C)(3). No dollar cap on these goods.
- Candies
- Jams & jellies (not low-acid)
- Dried fruits
- Dry herbs & seasonings
- Dry mixtures & baking mixes
- Coated & uncoated nuts
- Vinegars & flavored vinegars
- Popcorn & popcorn balls
- Cotton candy
- Dried pasta
- Roasted coffee & dried tea
- Cereals, trail mixes & granola
- Baked goods that don’t need time/temperature control
Acidified vegetables (C.4): pickles and other acidified vegetables at an equilibrium pH of 4.6 or lower — VDACS examples include pickled products, salsa, chow-chow, and relishes — capped at $9,000 in gross sales per calendar year. VDACS excludes canned fermented foods, canned foods that require refrigeration for safety, canned acid foods, canned fruits, and low-acid canned vegetables. Honey (C.5): pure honey from your own hives, under 250 gallons a year; infused honey is value-added and doesn’t qualify.
Not allowed on the exemption
- Cheesecake & custard/cream pies
- Dips & soups
- Anything needing refrigeration
- Meat, poultry, dairy & seafood
- Off-list foods
Anything needing refrigeration or temperature control rides the permitted operation instead. VDACS’s How-To guide explicitly contemplates custard desserts including cheesecake, refrigerated ready-to-eat foods (held at 41°F, with documented cooling and 7-day date marking), and frozen products. Acidified foods, 100% juice, and seafood each trigger extra federal requirements (21 CFR 114 + FDA registration; Juice HACCP; Seafood HACCP) even on Path B. Cheesecake test: fails the exemption, passes the $40 permitted operation. Same product, two answers.
Sources: Va. Code §3.2-5130 · VDACS — home-kitchen exemption FAQ · VDACS — Home Food Processing How-To
The rules that actually matter
In shortNo cap on the shelf-stable list; $9,000/yr on acidified vegetables; under 250 gal/yr on honey. The exemption is in-Virginia, direct-to-individual — now including internet/phone orders with in-state delivery (since July 1, 2026). It’s a closed list, no permit — but VDACS keeps complaint-based inspection authority, and operating without an exemption or permit is a Class 1 misdemeanor.
- No cap on the shelf-stable list — caps on acidified + honeyNo dollar limit appears in the statute for the C.3 list (baked goods, candy, jams, dry mixes). Acidified vegetables are capped at $9,000/yr in gross sales (C.4); honey at under 250 gallons/yr and must be from your own hives (C.5).
- The exemption is in-Virginia, direct-to-individualNo resale, no consignment, no stores/restaurants, no out-of-state sales, and no interstate shipping. Since July 1, 2026 the exemption does allow internet/phone orders and in-state delivery by mail or delivery service. The permitted path has no such limits — wholesale, shipping, and out-of-state are all open.
- The exemption is a closed listIf a food isn’t on C.3/C.4/C.5, it isn’t exempt — it needs the permitted path (or, for meat/poultry/dairy/seafood, a separate regime).
- No permit, but VDACS keeps inspection authority — and operating without one is a misdemeanorThe exemption carries no permit or inspection, but VDACS keeps complaint-based inspection authority (§3.2-5130(D)) and a general inspection-and-sampling access authority (§3.2-5102). Operating a home food establishment without qualifying for an exemption or holding a permit is a Class 1 misdemeanor (§3.2-5130(E)) — which is exactly why getting the path right matters. No state food-handler card is required on either path.
Sources: Va. Code §3.2-5130 · Va. Code §3.2-5102 · VDACS — home-kitchen exemption FAQ
Getting set up
In shortPath A is nothing to file — confirm your products are on the list and label them. Path B is zoning approval, an application packet, one home inspection, and the $40/year fee (billed after the inspection).
Path A — the exemption (nothing to file)
- Confirm your products are on the C.3 list, or qualify as acidified vegetables (C.4) or honey (C.5)
- Label them correctlyThe exempt label — copy the sample below.
That’s it — no application, no inspection, no fee, no food-handler card, no state registration. VDACS can still inspect on a complaint. (Local zoning and a local business license (BPOL) can be separate matters set by your county/city — see the disclaimer.)
Path B — the permitted operation ($40/year)
- Get written zoning approvalFrom your county or city to run a food business at home (a required attachment; some localities, e.g. Fairfax County, add restrictions).
- Assemble the applicationA kitchen/storage diagram (pets must be physically excluded from food areas); a private-well water test if you’re on a well (coliform “absent,” certified lab); septic documentation if applicable; an employee training record (self-training documentation is acceptable — no specific certificate is named); a written contamination plan for personal belongings; a written allergen cross-contact plan; a product list with planned distribution; a Product Information Sheet (full recipe + process) per product; and a final or mock label per product.
- Email the application to VDACSfoodsafety@vdacs.virginia.gov; review takes “several weeks.”
- Pass the in-home inspectionThe permit is processed within 30 days of the inspection (if it finds no significant hazards, you may operate until the permit issues). Routine re-inspections afterward are unannounced.
- Pay the $40 annual feeWhen VDACS bills you — no fee at the initial inspection; no application fee.
- Product-specific extrasAcidified foods → Better Process Control School + a process-authority report; juice or seafood → HACCP training and plans.
Sources: Va. Code §3.2-5130 · VDACS — Home Food Processing application · VDACS — Home Food Processing How-To
Labels
In shortVirginia’s two paths carry different labels — and within the exemption, honey has its own required statement. The exempt label names the individual (no business name) and carries the verbatim “NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION.”; the permitted path uses full FDA-style labeling with no such disclaimer.
Path A — the exemption
- Name, physical address (or, since July 1, 2026, a post office box number), and telephone number of the person preparing the food — the label names the individual, not a business; no operation name is required
- The date the product was processed
- The verbatim required statement: “NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” (the statute renders a plain space, no dash, between “RESALE” and “PROCESSED”)
- Honey carries a different verbatim statement: “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.”
- VDACS also notes the exemption doesn’t preclude standard labeling: product name, net weight, manufacturer name and address, and an ingredient list with sub-ingredients
Path B — the permitted operation
- Full FDA-style labeling (21 CFR 101), reviewed at application: statement of identity; net contents (bottom third, dual units)
- Ingredients heaviest-to-lightest with sub-ingredients, plus a “Contains:” allergen statement
- The full physical business address
- “KEEP REFRIGERATED” / “KEEP FROZEN” on perishables
- NO “without state inspection” disclaimer — these products are inspected
The label maker below builds the exempt label (the path most porch shops use); the permitted path is full FDA-style labeling, not a fixed string. Since July 1, 2026 the exempt label may show a post office box number in place of the physical address (for the shelf-stable and acidified goods; the honey statement keeps the physical address).
Sources: Va. Code §3.2-5130 · VDACS — home-kitchen exemption FAQ · VDACS — Home Food Processing How-To
What changed recently
In shortSince July 1, 2026, the exemption allows online/phone/delivery sales (2026 c. 605 / HB 402) — now in effect. The same act created a work group reporting before 2027. The 2024 law added the 14-day event venue and raised the acidified cap to $9,000.
- In effect since July 1, 2026 — the exemption expanded to online, phone, and delivery sales2026 Acts of Assembly c. 605 (HB 402), signed April 13, 2026, took effect July 1, 2026. It (a) replaced “sold in person in the Commonwealth” with sale “at any location, through the internet, or by phone” to a Virginian for their own consumption; (b) lets you deliver in person, by mail, or by delivery service within Virginia; and (c) allows a post office box number in place of the physical address on the label or sign (for the shelf-stable and acidified goods; the honey statement is unchanged). It stays in-state only, with no resale, consignment, or wholesale. VDACS’s guidance PDFs (REV 07/2024) still describe the old in-person-only rule — but the amended statute now controls (see “Where you can sell”).
- 2026 c. 605 also created a work group — a 2027 watch itemA second enactment clause directs VDACS (with the Virginia Department of Health and the Institute for Justice) to convene a Home Food Processing Operator Work Group on standards for homes producing non-exempt products, meeting by November 1, 2026 and reporting before the 2027 session. That’s a signal of possible further change in 2027 — a watch item, not current law.
- July 1, 2024 — the 14-day event venue and a higher acidified cap2024 Acts c. 131 (HB 759) added a temporary event of up to 14 consecutive days as an allowed venue; raised the acidified-vegetable cap from $3,000 to $9,000; replaced an old “no internet / no interstate” clause with “sold in person in the Commonwealth” plus an express right to advertise online; added the small-package sign alternative; and added “or consignment” to the resale ban.
Sources: 2026 Acts c. 605 (HB 402) · 2024 Acts c. 131 (HB 759) · Va. Code §3.2-5130
Common questions
- Is the new law in effect yet?
- Yes. The expansion to internet/phone orders and in-state delivery (2026 c. 605 / HB 402) was signed April 13, 2026 and took effect July 1, 2026. The exemption now lets you take orders online or by phone from a Virginian and deliver in person, by mail, or by delivery service within Virginia — still in-state only, still no resale or wholesale. (VDACS’s older FAQ still describes the pre-July-1 in-person rule; the amended statute controls.)
- Can I sell cheesecake from home in Virginia?
- Not on the free exemption — cheesecake needs refrigeration. But a $40 permitted home operation can make it, after one inspection.
- Do I need to register or get a license for the cottage food exemption?
- No — the home kitchen exemption has no registration, no application, no inspection, and no fee. You just follow the food lists and label rules.
- What’s the $40 for?
- That’s the annual fee for the permitted home food processing operation (Path B), which unlocks refrigerated goods, wholesale, and out-of-state sales. The exemption (Path A) is free.
- Can I ship my baked goods, or sell online?
- On the exemption you can now sell online or by phone and deliver within Virginia (by mail or delivery service) — this took effect July 1, 2026. What the exemption still can’t do is ship out of state, since that crosses state lines. A permitted operation can ship, including out of state.
- Can a grocery store or restaurant carry my goods?
- Not on the exemption — it’s direct-to-individual, no resale or wholesale. A permitted home operation can sell wholesale to grocery stores, convenience stores, and restaurants.
- Is there a sales cap?
- No cap on the shelf-stable list (baked goods, candy, jams, dry mixes). Acidified vegetables (pickles, salsa) are capped at $9,000/yr; honey at under 250 gallons/yr.
- Can I sell salsa or pickles from home?
- Yes — as acidified vegetables at pH 4.6 or lower, under the $9,000/yr cap, on the exempt path. Canned fermented foods, canned fruits, and low-acid canned vegetables are out.
- Can I sell honey?
- Yes — pure honey from your own hives, under 250 gallons a year. Infused honey doesn’t qualify for the exemption.
- Do I need a food-handler card?
- No state food-handler card is required on either path; the permitted path asks for documented (self-)training instead.
Sources: Va. Code §3.2-5130 (food lists, caps, label statements, venue, misdemeanor) · 2026 Acts c. 605 / HB 402 (July 1, 2026 online/delivery expansion) · VDACS — home-kitchen exemption FAQ · VDACS — Home Food Processing How-To
You won’t be doing this alone
67 porch bakers are already selling across Virginia under these exact laws. Browse their pages and learn from people two steps ahead of you — what they sell, how they price, how they talk about their bread. Cottage bakers are famously generous with what they’ve learned, and most are a DM away on Instagram.
This page is educational, not legal advice — we’re not lawyers, just neighbors who read Virginia’s official sources and wrote down what they say (every claim above links to its source). Virginia’s two home-food paths carry different rules and different labels — make sure you know which one you’re on. The July 1, 2026 expansion to online/phone orders and in-state delivery is now in force, and this page reflects it. VDACS’s own guidance PDFs were last revised in 2024 and still describe the pre-July-1 rules — the amended statute controls over the older guidance. Local zoning and business-license (BPOL) rules are separate and set by your county or city — check yours. Always double-check the details with your own city and state before you sell. When something here and the law disagree, the law wins; if you spot that happening, tell us and we’ll fix it.