the west virginia cottage food law, in plain english

what you can sell from your home kitchen in west 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.

by tommy + omarchecked october 14, 2026

west virginia: register first, no sales cap, sell online, ship within the state. tap any state to see its rules.

on this page

1at a glance 2what you can sell 3how to start 4where you can sell 5labels 6what’s changed 7good to know 8questions 9sources

the short answer

yes, you can sell homemade food from your home kitchen in west virginia. shelf-stable foods like breads, cookies, candies and standard jams need no license, registration or inspection, there’s no sales cap, and you can sell in person, online or through stores, and deliver or ship within the state. since june 12, 2026, perishable, acidified and fermented foods like salsa, pickles or cream pies are allowed too, but only with a wvda permit, a kitchen inspection and food safety training, and only inside west virginia. meat, poultry, seafood and grade a dairy products like milk aren’t allowed.

west virginia cottage food rules at a glance

west virginia cottage food rules at a glance
the law	west virginia cottage food law (west virginia code § 19-35-6 (shelf-stable foods) and article 19-40 (potentially hazardous cottage foods))
who runs it	west virginia department of agriculture (wvda)
registration	yes potentially hazardous cottage food vendor permit (only for perishable, acidified or fermented foods) (no permit fee listed; the kitchen inspection is billed at $27 an hour). renewed every year
kitchen inspection	limitedsometimes
training	nonone for shelf-stable foods. for perishable or acidified foods you need a food handler card or a higher course, like better process control school
yearly sales cap	no sales cap
selling from your home	yesperishable or acidified foods need a wvda permit first
selling at farmers markets and events	yesshelf-stable foods need no vendor permit at farmers markets
selling online orders	yesthe law allows sales in person or remotely
selling delivering it yourself	yesyou, your agent, a third-party vendor or a third-party carrier can deliver
selling shipping within the state	yesa third-party carrier can deliver shelf-stable foods; perishable cottage foods must stay in west virginia
selling shipping to other states	limitedstate law doesn’t ban it for shelf-stable foods, but the other state’s laws apply; perishable cottage foods can’t leave west virginia
selling to stores, cafes and restaurants	yesshelf-stable foods can be sold through retail shops and grocery stores; perishable cottage foods must be sold directly to consumers

what can you sell from home in west virginia?

you can sell

breads, cakes and cookies
candies
standard jams and jellies
apple butter
dried fruits and vegetables
honey and maple syrup
pickles, salsas and hot sauces, with a wvda permit
refrigerated baked goods like cream pies, with a wvda permit

you can’t sell

meat and meat products, like jerky
poultry
seafood
grade a dairy products, like milk
wild-harvested mushrooms
sprouted seeds

these are examples, not the full list. check the west virginia department of agriculture (wvda) before you sell something new.

how do you start a cottage food business in west virginia?

register if your sales or foods call for it: a potentially hazardous cottage food vendor permit (only for perishable, acidified or fermented foods) from the west virginia department of agriculture (wvda). it costs no permit fee listed; the kitchen inspection is billed at $27 an hour. you renew it every year. start here.
get your kitchen inspected if the agency asks.
label everything the way the law asks (below).
start selling in the ways west virginia allows, and keep track of your sales if there’s a cap.

where and how can you sell in west virginia?

from your home	yesperishable or acidified foods need a wvda permit first
at farmers markets and events	yesshelf-stable foods need no vendor permit at farmers markets
online orders	yesthe law allows sales in person or remotely
delivering it yourself	yesyou, your agent, a third-party vendor or a third-party carrier can deliver
shipping within the state	yesa third-party carrier can deliver shelf-stable foods; perishable cottage foods must stay in west virginia
shipping to other states	limitedstate law doesn’t ban it for shelf-stable foods, but the other state’s laws apply; perishable cottage foods can’t leave west virginia
to stores, cafes and restaurants	yesshelf-stable foods can be sold through retail shops and grocery stores; perishable cottage foods must be sold directly to consumers

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 west virginia?

“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.”
the statement west virginia requires on your label

the label also needs:

the product’s common name
your business name
your city, state and zip code
ingredients, from most to least by weight
net weight or count, with the metric amount
a contains line listing major allergens
safe handling or refrigeration instructions, if needed

what’s changed in west virginia, and what’s coming?

when	what
june 12, 2026	senate bill 44 took effect, creating a potentially hazardous cottage food vendor permit so you can sell perishable, acidified and fermented foods from home with a permit and a kitchen inspection. the wvda filed its emergency rule (61csr42) on june 1, 2026
july 5, 2021	the 2021 farm bill (house bill 2633) renamed the exemption to cover nonpotentially hazardous foods and switched labeling to wvda standards, replacing the label statement written into the 2019 law
2019	senate bill 285 let you sell homemade shelf-stable foods without a license or inspection, in person or remotely, through agents or stores, with no sales cap

what else should you know in west virginia?

cities and counties can’t ban or regulate your shelf-stable home food sales, except for things like booth rentals at public sites and events of 14 days or less.
the exemption doesn’t cover taxes or business registration, so you may still need a west virginia business registration and to collect sales tax.
shelf-stable foods don’t need a wvda label review. you can show the label information on a sign, a receipt or your website instead of a package label.
for perishable or acidified foods, the wvda inspects your kitchen before issuing the permit, a private well must be tested, and acidified foods need process authority approval and a wvda label review.
pet treats: pet treats count as commercial feed: you must register each product with the wvda before you sell it ($75 a year per product for packages of 10 pounds or less).

questions people ask

do i need a license to sell baked goods from home in west virginia?

it depends on what and how much you sell. west virginia’s rules call for a potentially hazardous cottage food vendor permit (only for perishable, acidified or fermented foods) in some cases: check with the west virginia department of agriculture (wvda).

can i sell cottage food online in west virginia?

yes. the law allows sales in person or remotely.

can i ship cottage food in west virginia?

yes, within west virginia: a third-party carrier can deliver shelf-stable foods; perishable cottage foods must stay in west virginia. shipping to other states is limited. state law doesn’t ban it for shelf-stable foods, but the other state’s laws apply; perishable cottage foods can’t leave west virginia.

how much can i sell from home in west virginia?

there’s no yearly sales cap.

can i sell to stores or coffee shops in west virginia?

yes. shelf-stable foods can be sold through retail shops and grocery stores; perishable cottage foods must be sold directly to consumers.

what can’t i sell from home in west virginia?

the usual no’s: meat and meat products, like jerky, poultry, seafood, grade a dairy products, like milk, wild-harvested mushrooms. check with the west virginia department of agriculture (wvda) before you sell something new.

sources

this is general information to help you get started, not legal advice. we checked it against west virginia’s own pages on october 14, 2026, and laws change, so confirm with the west virginia department of agriculture (wvda) (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.

written by tommy + omar

we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story