Virginia Cottage Food Law 2026: Home Food Exemption, Labels

Virginia does not use the term "cottage food" in its law. Instead, the Code of Virginia exempts private homes that make certain foods from the state food permit and inspection rules. The exemption covers baked goods, candy, jams and other shelf-stable foods, plus home-canned pickles and honey under separate limits. Sales may be made online, by phone or by mail, but only to individuals in Virginia. This guide covers what you can sell, how you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local business license, zoning, HOA and tax rules vary. Confirm current requirements with the Virginia Department of Agriculture and Consumer Services, or VDACS, Office of Dairy and Foods, or with an attorney, before you start selling.

Quick facts

Private homes that make the listed foods are exempt from the state food permit, inspection and inspection fees. Va. Code 3.2-5130(C)(3), (D)
No sales cap applies to baked goods, candy, jams and the other listed foods. Pickles and acidified vegetables are capped at $9,000 in gross sales a year. Va. Code 3.2-5130(C)(3)-(4)
Sales may be made at any location, online or by phone, and delivered in person, by mail or by delivery service, but only to an individual in Virginia for his or her own use. Va. Code 3.2-5130(C)(3)
Foods may not be sold for resale or for use in restaurants and other retail food establishments. Va. Code 3.2-5130(C)(3)
Each product needs a label with the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION." Va. Code 3.2-5130(C)(3)
VDACS may inspect a home after a consumer complaint. Va. Code 3.2-5130(D)

What the law calls it

The law refers to "private homes where the resident processes and prepares" the listed foods. VDACS and the public often call this the home food processing exemption. "Cottage food" and "home bakery" are everyday names, not legal categories in Virginia. Va. Code 3.2-5130(C)(3)

Foods you can sell

Candies, jams and jellies that are not low-acid or acidified low-acid foods; dried fruits; dry herbs, seasonings and mixtures; coated and uncoated nuts; vinegars and flavored vinegars; popcorn, popcorn balls and cotton candy; dried pasta; dry baking mixes; roasted coffee; dried tea; cereals, trail mixes and granola; and baked goods. Each must not need time or temperature control after preparation. Va. Code 3.2-5130(C)(3)
Pickles and other acidified vegetables with an equilibrium pH of 4.6 or lower, under the $9,000 cap. Va. Code 3.2-5130(C)(4)
Honey from the resident's own hives, under 250 gallons a year. Va. Code 3.2-5130(C)(5)

Foods you cannot sell

Foods that need time or temperature control for safety after preparation, such as cream-filled pastries, cheesecake and meat products, are not covered. Va. Code 3.2-5130(C)(3)
Low-acid or acidified low-acid candies, jams and jellies are excluded. Va. Code 3.2-5130(C)(3)
Any food not on the list needs a VDACS permit and inspection. Va. Code 3.2-5130(A)

Sales limit

No limit for the foods in subdivision C.3. Va. Code 3.2-5130(C)(3)
$9,000 in gross sales a calendar year for pickles and acidified vegetables. Va. Code 3.2-5130(C)(4)
Less than 250 gallons of honey a year. Va. Code 3.2-5130(C)(5)

Where and how you can sell

In person at any location, such as a farmers market or the home. Va. Code 3.2-5130(C)(3)
Online and by phone: allowed, to an individual in Virginia. Va. Code 3.2-5130(C)(3)
Mail and delivery services: allowed for delivery to an individual in Virginia. Va. Code 3.2-5130(C)(3)
Shipping to other states: not covered. The exemption is limited to buyers in the Commonwealth. Va. Code 3.2-5130(C)(3)
Wholesale, consignment and resale: not allowed. Products may not be sold for use in retail food establishments such as restaurants. Va. Code 3.2-5130(C)(3)
Advertising online: allowed. Va. Code 3.2-5130(C)(3)
Pickles and acidified vegetables follow the same in-state online, phone and mail rules, under the $9,000 cap. Va. Code 3.2-5130(C)(4)

Labeling rules

The label goes on the principal display panel. It must show the name, physical address or post office box number and telephone number of the person who made the food, the date it was processed and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION." Va. Code 3.2-5130(C)(3)
If the package is too small for a label, the same information may be shown on a sign where the product is offered for sale. This option is not listed for pickles. Va. Code 3.2-5130(C)(3)-(4)
Honey labels must say "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old." Va. Code 3.2-5130(C)(5)

Permits and training

No state food permit, registration or fee is required for the exempt foods. Va. Code 3.2-5130(D)
The statute does not require a food safety course. Va. Code 3.2-5130(C)

Zoning, HOAs and local rules

The exemption covers state food permits only. Local business licenses, home occupation zoning and HOA covenants may still apply, so check with the city or county and the HOA. Va. Code 3.2-5130(D)

Inspections

Exempt homes are not routinely inspected, but VDACS may inspect if it receives a consumer complaint. Va. Code 3.2-5130(D)

When you need a permit instead

A VDACS food manufacturer or retail food establishment permit, with an inspection, is needed to sell foods outside the exemption, to sell to stores or restaurants, to sell for resale or to sell outside Virginia. Va. Code 3.2-5130(A)
Violations are a Class 1 misdemeanor. Va. Code 3.2-5130(E)

Timeline

1993: the section is enacted. Va. Code 3.2-5130
July 1, 2026: HB 402 (2026 Acts chapter 605) takes effect, allowing pickles and acidified vegetables to be sold online, by phone and by mail to individuals in Virginia. HB 402 (2026 Acts chapter 605); HB 402 bill page
Oct. 13, 2026: this page was last reviewed against the current Code of Virginia text.

Frequently asked questions

Do I need a license to sell homemade food in Virginia?

Not for the foods the exemption lists, if every condition is met. Exempt homes do not need a state permit or inspection. Source: Va. Code 3.2-5130(C)(3), (D).

Is there a sales limit in Virginia?

Not for baked goods, candy, jams and the other listed foods. Pickles and acidified vegetables are capped at $9,000 a year, and honey at under 250 gallons. Source: Va. Code 3.2-5130(C)(3)-(5).

Can I sell homemade food online in Virginia?

Yes, to an individual in Virginia for his or her own use. Source: Va. Code 3.2-5130(C)(3).

Can I ship homemade food in Virginia or to other states?

Mail and delivery services are allowed for delivery to an individual in Virginia. The exemption does not cover buyers in other states. Source: Va. Code 3.2-5130(C)(3).

Can I sell to stores, coffee shops or restaurants?

No. The products may not be sold for resale or consignment or for use in retail food establishments. Source: Va. Code 3.2-5130(C)(3).

What does the Virginia label need to say?

The maker's name, physical address or post office box and phone number, the processing date and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION." Source: Va. Code 3.2-5130(C)(3).

Can I sell cheesecake or cream pies?

No. The exemption covers only foods that do not need time or temperature control after preparation. Source: Va. Code 3.2-5130(C)(3).

Can I sell pickles from my home kitchen?

Yes, if they are acidified vegetables with an equilibrium pH of 4.6 or lower, are labeled and gross sales stay at or under $9,000 a year. Source: Va. Code 3.2-5130(C)(4).

Will VDACS inspect my kitchen?

Not routinely. VDACS may inspect after a consumer complaint. Source: Va. Code 3.2-5130(D).

Official sources

This page is general information, not legal advice. Laws change, and local business license, zoning, HOA and tax rules vary. Confirm current requirements with the Virginia Department of Agriculture and Consumer Services, or VDACS, Office of Dairy and Foods, or with an attorney, before you start selling.

Virginia Cottage Food Laws