West Virginia Cottage Food Law 2026: Foods, Permits, Sales

West Virginia has two layers of rules for food made at home. Nonpotentially hazardous foods, meaning shelf-stable foods that do not need refrigeration for safety, are exempt from state licensing, permitting and inspection under W. Va. Code 19-35-6. A 2026 law, SB 44, added article 19-40, which creates a state permit for potentially hazardous cottage foods made at home. This guide covers what you can sell, how you can sell, labeling and when you need a permit.

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 West Virginia Department of Agriculture, or with an attorney, before you start selling.

Quick facts

Making and selling nonpotentially hazardous foods is exempt from the state's licensing, permitting, inspection, packaging and labeling laws when done under the section and its rules. W. Va. Code 19-35-6(a)
These foods may be sold in person or remotely and delivered by the producer, an agent, a third-party vendor or a third-party carrier. W. Va. Code 19-35-6(b)
Counties and cities may not prohibit or regulate the production and sale of these foods, with listed exceptions for government sites and events of 14 days or less. W. Va. Code 19-35-6(f)
Potentially hazardous cottage foods need a West Virginia Department of Agriculture permit, which is valid statewide. W. Va. Code 19-40-2(a)-(b)
Cottage food produced under article 40 may be sold only within West Virginia. W. Va. Code 19-40-2(b)
No state sales cap was found in either article. W. Va. Code 19-35-6; W. Va. Code 19-40-1 to 19-40-6

What the law calls it

Article 35 uses the term "nonpotentially hazardous foods." Article 40 defines "cottage food" as food made and, if packaged, packaged at the producer's residential property and sold directly to a consumer, and a "cottage food vendor" as a home-based business making and selling cottage foods. W. Va. Code 19-35-6; W. Va. Code 19-40-1

Foods you can sell

Without a permit: nonpotentially hazardous foods, as defined in 19-35-2. W. Va. Code 19-35-6(a)
With a potentially hazardous cottage food vendor permit: potentially hazardous foods made at home, under standards the department sets, including acidified foods. W. Va. Code 19-40-2, 5

Foods you cannot sell

Article 40 cottage food excludes meat, meat products, poultry, poultry products, seafood and Grade A dairy products. W. Va. Code 19-40-1

Sales limit

Neither 19-35-6 nor article 40 sets a sales cap. W. Va. Code 19-35-6; W. Va. Code 19-40-1 to 19-40-6

Where and how you can sell

Nonpotentially hazardous foods: sold by the producer in person or remotely, or by an agent or third-party vendor. W. Va. Code 19-35-6(b)(1)
Delivery: by the producer, an agent, a third-party vendor or a third-party carrier. W. Va. Code 19-35-6(b)(2)
Out-of-state sales: the section does not exempt sellers from federal law, including federal limits on interstate sales, or from another state's laws. W. Va. Code 19-35-6(e)(6)-(7)
Potentially hazardous cottage foods: sold directly to a consumer and only within West Virginia. W. Va. Code 19-40-1, 2(b)
A permit holder does not need a separate food establishment permit to sell from home or a farmers market vendor permit. W. Va. Code 19-40-2(c), (f)

Labeling rules

Nonpotentially hazardous foods must be labeled under the department's labeling standards with information about their content and sources. W. Va. Code 19-35-6(c)
Potentially hazardous cottage foods must be labeled under the department's standards. W. Va. Code 19-40-5(d)

Permits and kitchens

No permit is needed for nonpotentially hazardous foods. W. Va. Code 19-35-6(a); W. Va. Code 19-40-2(d)
The department sets the permit conditions, procedures and fees by rule, and may require inspections and other certifications. W. Va. Code 19-40-2(e), 4
A home, farm, community or commercial kitchen may be used, as determined by the department. W. Va. Code 19-35-6(d); W. Va. Code 19-40-5(b)
The permit rules and fees are set by WVDA legislative rule. Ask WVDA whether permits are being issued before you apply.

Zoning, HOAs and local rules

Local governments may not prohibit or regulate nonpotentially hazardous food production and sales, except for space rentals and agreements at government-owned facilities, government-run or sanctioned events and temporary events of 14 days or less. W. Va. Code 19-35-6(f)
The preemption does not mention private HOA covenants, so check your HOA documents. W. Va. Code 19-35-6(f)
Sellers are not exempt from tax laws or business registration laws. W. Va. Code 19-35-6(e)(4)-(5)

Inspections

Local health departments and the department may still investigate and stop sales of food tied to a reported foodborne illness. W. Va. Code 19-35-6(e)(1)
A local health department may stop production by a permit holder if it believes an imminent health hazard exists, in consultation with the department. W. Va. Code 19-40-3

When you need a permit instead

A potentially hazardous cottage food vendor permit is needed for potentially hazardous foods made at home. W. Va. Code 19-40-2(a)
Meat, poultry, seafood and Grade A dairy products fall outside article 40 and are regulated under other laws. W. Va. Code 19-40-1

Timeline

March 14, 2026: the Legislature completes action on SB 44, which creates article 19-40. SB 44 (2026)
March 27, 2026: the governor approves SB 44 (Chapter 76, Acts of 2026). SB 44 (2026)
June 12, 2026: SB 44 takes effect, 90 days from passage. SB 44 (2026)
Oct. 13, 2026: this page was last reviewed against the current West Virginia Code text.

Frequently asked questions

Do I need a license to sell baked goods from home in West Virginia?

No, if they are nonpotentially hazardous and made and sold under 19-35-6 and its rules. Source: W. Va. Code 19-35-6(a).

What foods need a permit in West Virginia?

Potentially hazardous cottage foods need a potentially hazardous cottage food vendor permit from the West Virginia Department of Agriculture. Source: W. Va. Code 19-40-2(a).

Is there a sales cap in West Virginia?

No sales cap was found in 19-35-6 or article 40. Sources: W. Va. Code 19-35-6; W. Va. Code 19-40-1 to 19-40-6.

Can I sell homemade food online in West Virginia?

Yes for nonpotentially hazardous foods, which may be sold remotely. Source: W. Va. Code 19-35-6(b)(1).

Can I ship homemade food from West Virginia?

Nonpotentially hazardous foods may be delivered by a third-party carrier. The section does not exempt sellers from federal law or another state's laws, so out-of-state shipments must follow those rules. Potentially hazardous cottage foods may be sold only within West Virginia. Sources: W. Va. Code 19-35-6(b)(2), (e)(6)-(7); W. Va. Code 19-40-2(b).

Can stores sell my products?

Yes for nonpotentially hazardous foods, which may be sold by an agent of the producer or a third-party vendor. Source: W. Va. Code 19-35-6(b)(1).

Can my city or county ban my home food business?

Local governments may not prohibit or regulate the production and sale of nonpotentially hazardous foods, with limited exceptions for government sites and short events. Source: W. Va. Code 19-35-6(f).

What label do I need?

Labels must follow the department's labeling standards and give information about content and sources. Sources: W. Va. Code 19-35-6(c); W. Va. Code 19-40-5(d).

Can I sell meat or dairy as cottage food?

No. Article 40 excludes meat, poultry, seafood and Grade A dairy products. Source: W. Va. Code 19-40-1.

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 West Virginia Department of Agriculture, or with an attorney, before you start selling.

West Virginia Cottage Food Laws