Virginia Cottage Food Law 2026
Last reviewed:
No License Needed
Limit: Unlimited (except $9,000/yr cap for acidified foods, raised by HB 759 in 2024; 250 gal/yr cap for pure honey under § 3.2-5108) / Year
⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Baked goods (non-refrigerated)
- ✓Candies and confections
- ✓Jams, jellies, and fruit butters (not low-acid)
- ✓Dried fruits, herbs, and seasonings
- ✓Dry mixes and baking mixes
- ✓Coated and uncoated nuts, nut butters
- ✓Vinegars and flavored vinegars
- ✓Popcorn, popcorn balls, cotton candy
- ✓Dried pasta
- ✓Roasted coffee, dried tea
- ✓Cereals, granola, trail mix
- ✓Pickles and acidified vegetables (pH ≤ 4.6; $9,000/yr cap)
- ✓Pure honey (250 gal/yr cap)
Prohibited
- ✕Meat, poultry, seafood
- ✕Dairy (cheese, yogurt, cream fillings, cream-cheese frosting)
- ✕Custards and cream pies
- ✕Anything requiring refrigeration / time-temperature control
- ✕Honey-infused products (only pure honey allowed)
- ✕Low-acid canned foods
- ✕Cannabis-infused products
Labeling Protocols
01Product name
02Producer name, physical address, and telephone number
03Net weight
04Ingredients in descending order by weight (including sub-ingredients)
05Date processed
06Disclaimer (on principal display panel): 'NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION'
07Honey only: 'PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.'
FAQs
Do I need a permit or license?
No. Under Va. Code § 3.2-5130, low-risk homemade foods are exempt from VDACS inspection — no permit, no license, no fee.
Can I sell to restaurants, retailers, or wholesale?
No. The exemption requires sales directly to an individual for that individual's own consumption — no resale, no wholesale, no consignment.
Can I ship products or sell online?
Not currently. Sales must be in person in Virginia. Online advertising is allowed, but online checkout, phone orders, and mail/carrier shipping are prohibited under current § 3.2-5130. HB 402 (2026 session) would change this — check current status before relying on it.
Is there a sales cap?
Most products: no cap. Acidified foods (pickles, salsa, relishes, chow-chow with pH ≤ 4.6): $9,000/yr gross sales (raised from $3,000 by HB 759, 2024). Pure honey: 250 gallons/yr under the separate § 3.2-5108 honey exemption.
What disclaimer goes on the label?
'NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION' on the principal display panel. Honey uses a different statement that includes the infant-botulism warning.
What Comes Next
After You Verify Compliance: Your Next 4 Steps
Some links below are affiliate links — we earn a small commission at no cost to you. We only recommend services we'd suggest to a friend. Full disclosure.
- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for Virginia.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Recommended in Virginia
Complete Food Safety Training
Virginia does not mandate food safety training, but completing one builds buyer trust and protects you if a labeling or handling question ever arises. Learn2Serve's online course takes a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the Virginia-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
- VDACS — Food Safety Program
- VDACS — Home & Commercial Kitchen-Based Businesses
- VDACS Home Kitchen Food Processing Exemptions FAQ (PDF)
- Va. Code § 3.2-5130 (governing statute)
- HB 759 (2024) — expanded exemption, raised acidified cap to $9,000
- HB 402 (2026) — pending; would legalize phone/internet orders + in-state mail delivery