Is the new law in effect yet?

Not as of June 2026. The expansion to internet/phone orders and in-state delivery (2026 c. 605 / HB 402) was signed April 13, 2026 and takes effect July 1, 2026. Until then, the exemption is in person, in Virginia — you can advertise online but can’t take online orders, accept electronic payment except during an in-person sale, or ship.

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?

Not on the exemption under today’s law — it’s in-person, in-Virginia. On July 1, 2026 the exemption gains internet/phone orders and in-state mail/delivery. A permitted operation can already 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.

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.

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 in person to your neighbors. 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. An expansion to internet/phone sales and in-state delivery takes effect July 1, 2026 — see “What changed.” Here’s the whole picture, in plain English.

Verified against Va. Code §3.2-5130 and VDACS’s home-kitchen exemption FAQ

Last checked June 12, 2026 — every section links its sources.

A friendly guide, not legal advice — we’re not lawyers. Always confirm the details with your own city and state before you sell.

The 2-minute version

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; the July 1, 2026 expansion is flagged where it lands.)

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, in person, to a Virginian. No cap on baked goods or the shelf-stable list; acidified vegetables (pickles, salsa) cap at $9,000/yr, honey under 250 gallons/yr.

$0 to startNo registrationNo inspectionNo food-handler card

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.

$40/yearOne inspectionRefrigerated OKWholesale + 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.

No registrationNo inspectionLabel only

Sound doable? Show me the steps ↓Meet the Virginia porch bakers already doing it

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.

Path A · most porch shops start here$0 to start

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 in person to a Virginian for their own use.

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.

Path B · the refrigerated + wholesale + shipping door$40/year

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 (current law, through June 30, 2026): in person, in Virginia, to an individual — your home, a farmers market, or an event ≤14 days. No resale, no out of state. On July 1, 2026 it expands to internet/phone orders and in-state delivery. A permitted operation can do all that plus wholesale, shipping, and out of state.

Path A — the exemption (current law, through June 30, 2026): in person, in Virginia, to an individual 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. You can advertise online — but under today’s law you can’t “offer for sale” online: VDACS reads that to mean your online presence can’t contain an order form, can’t accept electronic payment, and can’t offer to ship; product may not be shipped. You can accept electronic payment (Venmo, Square, etc.) during an in-person transaction. 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.

Changing July 1, 2026: the exemption expands to let you sell “at any location, through the internet, or by phone” to a Virginian, and deliver in person, by mail, or by delivery service within Virginia. Still in-state only, still no resale or wholesale. Until then, the in-person rules above govern. (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-person, in-Virginia, direct-to-individual (today). 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-person, in-Virginia, direct-to-individualUnder today’s law: no resale, no consignment, no stores/restaurants, no shipping, no out-of-state, and (until July 1, 2026) no online ordering. 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, 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.”
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

Honey Wheat Sandwich Bread
Ingredients: flour (wheat), water, honey, butter (milk), yeast, salt.
Contains: wheat, milk.
Jane Baker · 123 Maple Lane, Roanoke, VA 24011 · (540) 555-0147
Net Wt 24 oz (680 g) · Processed June 12, 2026
NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.

Exempt label — note the verbatim “NOT FOR RESALE” statement.

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

Classic Cheesecake
Ingredients: cream cheese (milk), sugar, eggs, sour cream (milk), graham crust (wheat), vanilla.
Contains: milk, eggs, wheat.
Maple Lane Kitchen · 123 Maple Lane, Roanoke, VA 24011
Net Wt 32 oz (907 g)
KEEP REFRIGERATED

Permitted label — inspected, so no “without state inspection” line.

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. Changing July 1, 2026: the exempt label may then show a post office box number in place of the physical address. Until then, a physical address is required.

Sources: Va. Code §3.2-5130 · VDACS — home-kitchen exemption FAQ · VDACS — Home Food Processing How-To

Kid stands

Virginia doesn’t write a special kid-stand or lemonade exemption into §3.2-5130 — and a targeted read of the statute and VDACS guidance turns up none. But it doesn’t need to for most stands: a young baker selling shelf-stable cookies, breads, or candy follows the same free, no-registration, no-inspection home kitchen exemption an adult does — the only requirement is the label.

A classic curbside lemonade stand sits in the usual gray area (the exemption is a food list and doesn’t speak to a kid’s lemonade either way) — those run on local tolerance, not a written state exemption. If a stand is selling baked goods that need refrigeration, that’s the $40 permitted-operation conversation, same as for an adult.

Sources: Va. Code §3.2-5130 · VDACS — home-kitchen exemption FAQ

What changed recently

In shortStarting July 1, 2026, the exemption expands to online/phone/delivery sales (2026 c. 605 / HB 402) — signed but NOT yet in effect as of this page’s date. 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.

Effective July 1, 2026 — the exemption expands to online, phone, and delivery sales2026 Acts of Assembly c. 605 (HB 402), signed April 13, 2026, takes effect July 1, 2026. It (a) replaces “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. It stays in-state only, with no resale, consignment, or wholesale. As of this page’s date (June 2026) it is not yet in effect — today’s exemption is still in-person and in-Virginia, with no online ordering or shipping (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?: Not as of June 2026. The expansion to internet/phone orders and in-state delivery (2026 c. 605 / HB 402) was signed April 13, 2026 and takes effect July 1, 2026. Until then, the exemption is in person, in Virginia — you can advertise online but can’t take online orders, accept electronic payment except during an in-person sale, or ship.
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?: Not on the exemption under today’s law — it’s in-person, in-Virginia. On July 1, 2026 the exemption gains internet/phone orders and in-state mail/delivery. A permitted operation can already 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.

See all 67 in the directory →List your porch shop — always free to list

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. An expansion to online/phone orders and in-state delivery takes effect July 1, 2026; this page describes the law in force now and flags that change as upcoming. VDACS’s own guidance PDFs were last revised in 2024 and still describe the pre-July-1 rules — when the new law takes effect, the 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.