warebythe virginia cottage food law, in plain english
what you can sell from your home kitchen in virginia, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes, you can sell baked goods and other low risk foods from your home kitchen in virginia with no permit, inspection or fee. since july 1, 2026, you can sell them anywhere in virginia, online or by phone, and deliver in person, by mail or with a delivery service, as long as the buyer is in virginia and is eating the food, not reselling it. foods that need refrigeration, like cheesecake or cream pies, aren’t allowed, and every label needs your contact info, the date made and the required statement.
virginia cottage food rules at a glance
| the law | virginia cottage food law (home food processing exemption) (code of virginia, section 3.2-5130(c)(3) and (c)(4)) |
|---|---|
| who runs it | virginia department of agriculture and consumer services (vdacs), food safety program |
| registration | no no state registration |
| kitchen inspection | no |
| training | no |
| yearly sales cap | no sales cap for baked goods and other low risk foods; pickles and acidified vegetables are capped at $9,000 a year |
| selling from your home | yes |
| selling at farmers markets and events | yes |
| selling online orders | yesonline or by phone, to people in virginia, since july 1, 2026 |
| selling delivering it yourself | yesin person or by a delivery service |
| selling shipping within the state | yesby mail, to people in virginia, since july 1, 2026 |
| selling shipping to other states | no |
| selling to stores, cafes and restaurants | nono resale, consignment, stores, restaurants or other businesses |
what can you sell from home in virginia?
you can sell
- bread, cookies, muffins and fruit pies
- cakes without cream cheese, custard, whipped cream or fresh fruit fillings
- candy and cotton candy
- jams and jellies like strawberry or grape
- granola, trail mix and dried fruit
- roasted coffee, dried tea and dry baking mixes
- pickles and relishes with a ph of 4.6 or lower
you can’t sell
- cheesecake, cream pies and custards
- breads topped with cheese or fresh vegetables
- pepper jelly, apple butter and low sugar jams
- barbecue sauce, hot sauce and fresh salsa
- low acid canned vegetables
- meat products
these are examples, not the full list. check the virginia department of agriculture and consumer services (vdacs), food safety program before you sell something new.
how do you start a cottage food business in virginia?
- no state registration. virginia doesn’t ask cottage food sellers to register with the state. check your city or county for local rules, like zoning or a business license.
- label everything the way the law asks (below).
- start selling in the ways virginia allows, and keep track of your sales if there’s a cap.
where and how can you sell in virginia?
| from your home | yes |
|---|---|
| at farmers markets and events | yes |
| online orders | yesonline or by phone, to people in virginia, since july 1, 2026 |
| delivering it yourself | yesin person or by a delivery service |
| shipping within the state | yesby mail, to people in virginia, since july 1, 2026 |
| shipping to other states | no |
| to stores, cafes and restaurants | nono resale, consignment, stores, restaurants or other businesses |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in virginia?
“NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION”
the statement virginia requires on your label
the label also needs:
- your name
- your physical address or p.o. box
- your phone number
- the date the food was made
- the product name and net weight
- ingredients, including allergens
what’s changed in virginia, and what’s coming?
| when | what |
|---|---|
| july 1, 2026 | hb 402 lets you sell anywhere in virginia, online or by phone, and deliver in person, by mail or by delivery service, to people in virginia |
| july 1, 2024 | hb 759 allowed in-person sales at temporary events of up to 14 days, along with your home and farmers markets, allowed online advertising, let a sign replace the label on packages too small to label, and raised the pickle sales cap from $3,000 to $9,000 |
what else should you know in virginia?
- pickles and other acidified vegetables have their own $9,000 a year sales limit, and you need to know each recipe’s ph.
- to sell foods outside the exemption, or to sell to stores, you need a vdacs permit and inspection, with a $40 yearly inspection fee.
- vdacs can still inspect your home kitchen if it gets a consumer complaint.
- a vdacs work group is studying rules for home kitchens that make foods outside the exemption, with a report due at the start of the 2027 legislative session.
questions people ask
do i need a license to sell baked goods from home in virginia?
no state registration is needed for cottage food in virginia. check your city or county for local rules, like zoning or a business license.
can i sell cottage food online in virginia?
yes. online or by phone, to people in virginia, since july 1, 2026.
can i ship cottage food in virginia?
yes, within virginia: by mail, to people in virginia, since july 1, 2026. you can’t ship to other states.
how much can i sell from home in virginia?
there’s no yearly sales cap.
can i sell to stores or coffee shops in virginia?
no. no resale, consignment, stores, restaurants or other businesses.
what can’t i sell from home in virginia?
the usual no’s: cheesecake, cream pies and custards, breads topped with cheese or fresh vegetables, pepper jelly, apple butter and low sugar jams, barbecue sauce, hot sauce and fresh salsa, low acid canned vegetables. check with the virginia department of agriculture and consumer services (vdacs), food safety program before you sell something new.
sources
- code of virginia, section 3.2-5130
- virginia legislative information system: hb 402 (2026), acts of assembly chapter 605
- virginia legislative information system: hb 759 (2024), acts of assembly chapter 131
- vdacs: home and commercial kitchen-based businesses
- vdacs: virginia’s home food processing exemptions faq (revised july 2026)
this is general information to help you get started, not legal advice. we checked it against virginia’s own pages on october 14, 2026, and laws change, so confirm with the virginia department of agriculture and consumer services (vdacs), food safety program (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story