Virginia cottage food law

Selling home-baked goods in Virginia

How home bakers in Virginia can sell what they make: the sales limit, permits, training, where you can sell and the statement your labels must carry. Virginia has 2 ways to operate; each is shown below.

At a glance: Private home exempt from inspection (low-risk foods)

Sales limit: The state sets no yearly sales limit.
License or permit: No state permit or registration is required.
Food safety training: No food safety training is required by the state.
Online orders: Allowed since 2026-07-01: through the internet or by phone to an individual in Virginia; online advertising allowed.
Label statement: “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”

Virginia also has 1 other way to sell, shown below.

About this information. Virginia’s rules are summarized from the latest publicly available state laws, regulations and agency guidance, last checked November 3, 2026. Laws change, and county and city health departments may have their own requirements. This is not legal advice. Before you sell, confirm the rules with your state or local health department.

Private home exempt from inspection (low-risk foods)

Code of Virginia 3.2-5130(C)(3) and (D), as amended by 2026 Acts ch. 605 (HB 402) · 3.2-5130 (originally 1993 c. 936 as 3.1-398.1); amended 2003 c. 420, 2004 c. 953, 2008 cc. 459 and 860, 2011 c. 316, 2013 c. 285, 2022 c. 204, 2024 c. 131 (HB 759), and 2026 c. 605 (HB 402, approved 2026-04-13)

Yearly sales limit

No state limit
No dollar cap for low-risk foods under 3.2-5130(C)(3). Separate limits for other exempt foods: pickles and acidified vegetables (C)(4) $9,000 gross sales per calendar year; honey from own hives (C)(5) under 250 gallons a year.

Permit or registration

Not required by the state

Food safety training

Where you make it

A private home where the resident processes and prepares the food (3.2-5130(C)(3)). No kitchen, pet, or water standards are set for exempt homes in the statute or the VDACS FAQ.

Selling in person

Allowed: at any location in Virginia, to an individual for his own consumption (3.2-5130(C)(3)(ii) as amended by HB 402, 2026). Before 2026-07-01, in-person sales were limited to the home, temporary events of up to 14 consecutive days, and farmers markets.

Phone and online orders

Allowed since 2026-07-01: through the internet or by phone to an individual in Virginia (3.2-5130(C)(3)(ii) as amended by HB 402; VDACS FAQ rev. July 2026); online advertising allowed

Delivery and shipping

Allowed: delivered in person, by mail, or by delivery service to an individual in Virginia (3.2-5130(C)(3)(iii); VDACS FAQ rev. July 2026)

Selling out of state

Stores and wholesale

Not allowed: no resale, no sales to other businesses, and not for use or sale in retail food establishments (3.2-5130(C)(3); VDACS FAQ: also not across state lines)

Examples you can sell

Only the foods listed in 3.2-5130(C)(3), and only if they do not require time or temperature control after preparation

Baked goods that do not need refrigeration
Candies and cotton candy
Jams and jellies not considered low-acid or acidified low-acid foods
Dried fruits
Dry herbs, dry seasonings, and dry mixtures
Coated and uncoated nuts
Vinegars and flavored vinegars
Popcorn and popcorn balls
Dried pasta
Dry baking mixes

Not allowed

Foods that need time or temperature control after preparation; VDACS examples that may not qualify: cheesecakes, cream pies, custards, meringues
Low-acid or acidified low-acid jams and jellies, such as some low- or no-sugar versions (VDACS FAQ)
Any food not on the 3.2-5130(C)(3) list (needs a VDACS permit)

The statement your labels must carry

NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION

Home food processing operation (VDACS-inspected, permit)

Code of Virginia 3.2-5130(A) (inspection and permit of food manufacturers); Virginia Food and Drink Law, Code of Virginia Title 3.2, Chapter 51

Yearly sales limit

No state limit
No sales cap found in any VDACS source

Permit or registration

Yes
Permit (food manufacturing, home food processing operation)
Virginia Department of Agriculture and Consumer Services (VDACS), Food Safety Program
Fee: $40 annual inspection fee; not paid at the first inspection, billed in the next billing cycle (VDACS application, rev. 06/22; VDACS FAQ rev. July 2026)
Official page

Food safety training

Yes
The owner and any employees must be trained and the training documented (employee health and hygiene, storage and cooking temperatures, cleaning food contact surfaces, allergen control); no specific course named (VDACS application). Acidified foods: Better Process Control School.

Where you make it

A kitchen in a private residence, inspected by VDACS. Food prep, storage, packaging, and equipment-cleaning areas must be completely enclosed and separated from the rest of the home; pets must be kept out of these areas at all times (baby gates or closing pets in other rooms do not count); private well water needs a coliform test showing bacteria absent, less than six months old, from a lab certified by the Virginia Safe Drinking Water Program; private sewage must be shown adequate; local zoning approval required (VDACS application, rev. 06/22)

Selling in person

Allowed: customer pickup at the home, farmers markets, festivals, and other events (carry the inspection report)

Phone and online orders

Allowed: online sales (VDACS 'how to' guide)

Delivery and shipping

Allowed: delivery to a customer's home or an event (VDACS 'how to' guide)

Selling out of state

Not addressed by VDACS (see open questions)

Stores and wholesale

Allowed: grocery stores, convenience stores, restaurants, and other businesses (wholesale) (VDACS 'how to' guide)

Examples you can sell

Not limited to a list; each product, recipe, and label is reviewed and approved by VDACS. Shelf-stable foods only in this app.

Baked goods, including items not on the exempt list
Candy and confections
Jams, jellies, and preserves
Acidified foods (pickles, salsas) only with a process authority review and Better Process Control School (21 CFR 114)

Not allowed

Meat and poultry products (generally not allowed in a home kitchen; contact VDACS Office of Meat and Poultry Services)
Products over 0.5% alcohol by volume
Grade A dairy (needs a Virginia Department of Health permit)
Catering (not allowed from the private home kitchen)

Common questions about Virginia’s cottage food law

Can I sell baked goods from home in Virginia?

Yes. Virginia lets home bakers sell food made in their own kitchen in 2 ways: Private home exempt from inspection (low-risk foods); Home food processing operation (VDACS-inspected, permit). Most baked goods that don’t need refrigeration qualify; see the examples on this page.

Do I need a license or permit to sell baked goods in Virginia?

Private home exempt from inspection (low-risk foods): No state permit or registration is required. Home food processing operation (VDACS-inspected, permit): Yes: Permit (food manufacturing, home food processing operation).

How much can I sell from home in Virginia?

Private home exempt from inspection (low-risk foods): The state sets no yearly sales limit. Home food processing operation (VDACS-inspected, permit): The state sets no yearly sales limit.

Do I need food safety training in Virginia?

Private home exempt from inspection (low-risk foods): No food safety training is required by the state. Home food processing operation (VDACS-inspected, permit): Yes: The owner and any employees must be trained and the training documented; no specific course named (VDACS application).

Can I sell online or ship my baked goods in Virginia?

Private home exempt from inspection (low-risk foods): Online and phone orders: Allowed since 2026-07-01: through the internet or by phone to an individual in Virginia; online advertising allowed. Delivery and shipping: Allowed: delivered in person, by mail, or by delivery service to an individual in Virginia. Selling to other states is not allowed. Home food processing operation (VDACS-inspected, permit): Online and phone orders: Allowed: online sales (VDACS 'how to' guide). Delivery and shipping: Allowed: delivery to a customer's home or an event (VDACS 'how to' guide).

What must a cottage food label say in Virginia?

Labels must carry this statement: “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”. Most states also require the product name, ingredients in order of weight, allergens, net weight, and your name and address.

Home and Hearth Baker knows Virginia’s rules

The program puts Virginia’s required wording on every label for you, tracks your sales against any yearly limit, and updates for free when the rules change.

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Selling home-baked goods in Virginia

At a glance: Private home exempt from inspection (low-risk foods)

Private home exempt from inspection (low-risk foods)

Examples you can sell

Not allowed

The statement your labels must carry

Home food processing operation (VDACS-inspected, permit)

Examples you can sell

Not allowed

Common questions about Virginia’s cottage food law

Can I sell baked goods from home in Virginia?

Do I need a license or permit to sell baked goods in Virginia?

How much can I sell from home in Virginia?

Do I need food safety training in Virginia?

Can I sell online or ship my baked goods in Virginia?

What must a cottage food label say in Virginia?

Home and Hearth Baker knows Virginia’s rules

Official sources

Nearby states

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