Home and Hearth BakerDirect sale of nonpotentially hazardous foods (homemade food items / cottage foods)
W. Va. Code 19-35-2 (definitions), 19-35-6; 19-40-2(d)(2) and 19-40-6 (no cottage food vendor permit needed) · SB 285 (2019 Regular Session) added 19-35-6 ('Direct sale of homemade food items'); amended by HB 2633 (2021 Regular Session, 'West Virginia Farm Bill'). SB 44 (2026) left 19-35-6 in place (19-40-6).
Yearly sales limit
No state limit
No sales cap in W. Va. Code 19-35-6 or on WVDA pages.
No sales cap in W. Va. Code 19-35-6 or on WVDA pages.
Permit or registration
Not required by the state
Food safety training
No
Where you make it
WVDA decides which kitchen may be used: a home, farm, community, or commercial kitchen (W. Va. Code 19-35-6(d)). WVDA labeling rules cover foods made in a home, farm, or community kitchen.
Selling in person
Allowed: the producer sells to the consumer in person, or through an agent or a third-party vendor (19-35-6(b)(1)); e.g., from home, farmers markets (no vendor permit for nonpotentially hazardous foods, 19-35-3a), events
Phone and online orders
Allowed: sales 'whether in person or remotely' (19-35-6(b)(1)); label information may be shown on the website for online sales (WVDA labeling standards)
Delivery and shipping
Allowed: by the producer, an agent, a third-party vendor, or a third-party carrier (19-35-6(b)(2)); 'delivered' means transferred to the consumer, immediately upon sale or later (19-35-2)
Selling out of state
Outside Home and Hearth Baker. 19-35-6 has no in-state limit, but it does not exempt sellers from federal or other states' laws (19-35-6(e)(6), (7)); WVDA says out-of-state sales must meet federal, West Virginia, and destination-state rules
Stores and wholesale
Allowed: a third-party vendor 'such as a retail shop or grocery store' may be the seller (19-35-2 'seller'). Restaurant use not addressed (see open questions).
Examples you can sell
Nonpotentially hazardous foods: food that does not require time/temperature control for safety to limit pathogenic microorganism growth or toxin formation (W. Va. Code 19-35-2)
- Breads, rolls, and biscuits (WVDA Farmers Market Vendor Guide, rev. 12/2025)
- Cakes and fruit pies (WVDA)
- Candies, popcorn, popcorn balls, cotton candy (WVDA)
- Cereals, granola, trail mixes, coated or uncoated nuts (WVDA)
- Standard jams and jellies with no unusual ingredients or sugar substitutes; standard apple butter (WVDA)
- Honey (beekeeper must be registered with WVDA), molasses, sorghum, tree syrup (WVDA)
- Whole dehydrated fruits and vegetables (WVDA)
- Pepperoni rolls with only pepperoni, or pepperoni and cheese (WVDA: treated as bakery items)
Not allowed
- Potentially hazardous foods (need time/temperature control or other safety protocols) unless made under a WVDA potentially hazardous cottage food vendor permit (19-35-2, 19-40-2)
- Acidified foods (pickles, salsas, sauces), fermented foods, non-standard jams and jellies (e.g., hot pepper, basil, no-sugar) without a permit (WVDA)
- Baked goods or candy with dairy or other potentially hazardous fillings or toppings without a permit (WVDA food labeling flyer)
- Cut produce without a permit (WVDA)
- Meat, poultry, seafood, and Grade A dairy products (excluded from 'cottage food', 19-40-1)
- Wild-foraged mushrooms (WVDA Vendor Guide)
The statement your labels must carry
This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.