Cottage food laws/Virginia
Permissive

Virginia cottage food laws

No permit, no inspection, no income cap on baked goods, and online sales with in-state delivery as of July 2026.

Virginia's home kitchen food processing exemption lets producers make and sell low-risk, non-perishable foods without a permit or VDACS inspection. There is no income cap on baked goods, and as of July 1, 2026 (HB 402), you can sell at any location, online, or by phone and deliver in person, by mail, or by delivery service to consumers within Virginia.

Last verified August 28, 2026•Virginia Home Kitchen Food Processing Exemption (Code of Virginia § 3.2-5130)
At a glance

Virginia cottage food, quick facts.

📋
Permit
Not required under the home kitchen exemption
💰
Sales cap
None for baked goods; $9,000/year for acidified foods
🌐
Online sales
Allowed as of July 1, 2026; sell at any location, online, or by phone to consumers in Virginia
📦
Shipping in-state
Allowed as of July 1, 2026; deliver in person, by mail, or by delivery service
✈️
Shipping out-of-state
Not allowed under the exemption
🎓
Training
Not required (encouraged)
🏠
Inspection
Not required
How it works

How the Virginia cottage food law actually works.

Virginia has two paths for selling homemade food: the Home Kitchen Food Processing Exemption (often just called the cottage food exemption) and the more involved Home Food Processing Operation. Most home bakers use the exemption because it does not require a permit, an inspection, or food safety training.

Under § 3.2-5130, an operator can produce non-perishable foods (like baked goods, jams, jellies, candies, and dried foods) in a private home kitchen and sell them directly to the end consumer. There is no statewide gross sales cap on most products. Acidified foods like pickles have a separate annual cap of $9,000 (raised from $3,000 by HB 759 in 2024).

Sales channels opened up dramatically in 2026. HB 402 (2026 Acts of Assembly chapter 605, effective July 1, 2026) amended § 3.2-5130 so you can sell at any location, through the internet, or by phone to consumers in Virginia, and deliver in person, by mail, or by delivery service. Before that, HB 759 (2024) only allowed online advertising, with orders and delivery handled in person. The one hard limit that remains: sales must go to individuals in the Commonwealth for their own consumption, not for resale, so out-of-state shipping is still off the table.

If you want to ship out of state or sell wholesale to stores and restaurants, the Home Food Processing Operation path is what you need. That path involves a VDACS inspection and a higher level of regulation, but it opens interstate shipping and broader distribution.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Loaf breads, rolls, biscuits, tortillas
  • Cookies, brownies, biscotti, bars
  • Cakes and cupcakes without cream or custard fillings
  • Fruit pies (high-acid fruit only)
  • Candies, fudge, brittle, toffee, caramel corn
  • Chocolate-covered fruit and nuts
  • Jams, jellies, preserves, fruit butters
  • Dried fruits, herbs, and dehydrated vegetables
  • Granola, trail mix, roasted nuts, nut butters
  • Crackers, popcorn, dry baking and seasoning mixes
  • Honey (up to 250 gallons under a related agriculture exemption)
✕Prohibited
  • Cheesecakes, cream pies, custard pies, meringue pies
  • Cream cheese frosting and any frosting requiring refrigeration
  • Tres leches and any cake requiring refrigeration
  • Meat, poultry, and fish products
  • Low-acid canned foods
  • Beverages requiring refrigeration

Virginia's exemption covers non-perishable foods. Acidified foods (pickles, hot sauces, salsas) have a separate $9,000 annual cap and tighter rules. For meat, dairy, and refrigerated items you need a Home Food Processing Operation, not the exemption.

Where you can sell

Sales channels for Virginia cottage bakers.

🤝
In-person / pickup
Allowed. Pickup at home, farmers markets, fairs, festivals, and events.
🌐
Online sales
Allowed. As of July 1, 2026 (HB 402), you can take orders and payment online or by phone and sell at any location, with delivery in person, by mail, or by delivery service to consumers in Virginia.
📦
Shipping in-state
Allowed as of July 1, 2026. You can ship by mail or use a delivery service to reach consumers anywhere in Virginia.
✈️
Shipping out-of-state
Not allowed under the exemption.
🥕
Farmers markets
Allowed without a state cottage permit. The market itself may have its own rules.
🏪
Retail stores
Not allowed under the exemption (sales must be direct to consumer).
🍽️
Restaurants
Not allowed under the exemption.
  • Delivery by mail or by a delivery service is allowed as of July 1, 2026, as long as the customer is in Virginia.
  • If you want to ship out of state or sell wholesale, you need a Home Food Processing Operation, not the exemption.
  • VDACS contact for clarification: foodsafety@vdacs.virginia.gov or 804-786-3520.
Labels

Label every product, exactly like this.

01
Name of the person preparing the food
Your legal or business name.
02
Physical address or P.O. Box number
The statute expressly allows a P.O. Box instead of your home address.
03
Telephone number
A number where customers can reach you.
04
Date the food was processed
The processing date.
05
Required statement on the principal display panel
The exact all-caps statement below, with no internal punctuation. Packages too small for a label may use a point-of-sale sign with the same information instead.
06
Best practice: product name, ingredients, allergens
Not required by Va. Code 3.2-5130, but expected by customers and markets.
Required disclaimer (copy verbatim)
NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION.
  • The statement is all caps with no period or dash between RESALE and PROCESSED, exactly as the statute writes it.
  • Virginia amended this law effective 2026 (c. 605): sales at any location, through the internet, or by phone are permitted, with delivery in person, by mail, or by delivery service to consumers in Virginia.
  • No font size is mandated.
🏷️ Make a compliant Virginia label free, in 30 seconds →
Our label maker adds the disclaimer, allergens, and required info for Virginia automatically.
Sales cap

How much can you earn under Virginia cottage law?

Most products have no statewide cap under the home kitchen exemption: baked goods, candies, dried foods, jams, jellies, and similar non-perishable items can be sold without a sales limit. Acidified foods (pickles, hot sauces, salsas) are capped at $9,000 in gross annual sales (raised from $3,000 by HB 759 in 2024). Honey has a separate 250-gallon-per-year limit under Virginia's agriculture rules.

Training

Food safety training in Virginia

Virginia does not require food safety training for the home kitchen exemption. Many producers complete a low-cost food handler course (ServSafe Food Handler, StateFoodSafety) anyway, because customers like seeing a certificate and the material covers practical things like cross-contamination and allergen handling. Training is required if you upgrade to a Home Food Processing Operation.

Registration

Registration, permits, and inspections in Virginia

There is no state registration to begin operating under the home kitchen exemption. You do not file paperwork with VDACS. You may still need a local business license, a sales tax certificate from the Virginia Department of Taxation, and zoning or HOA clearance for a home-based business. If you upgrade to a Home Food Processing Operation, you submit an application to VDACS and undergo an inspection.

Step-by-step

How to start a cottage bakery in Virginia.

  1. 01
    Read the VDACS home kitchen exemption FAQ
    Start with the official VDACS home kitchen FAQ to understand what you can and cannot do under the exemption.
    VDACS: Virginia's Home Kitchen Food Processing Exemptions (PDF) →
  2. 02
    Choose your shelf-stable menu
    Stick to non-perishable foods: cookies, breads, candies, jams, granola, dry mixes, dried fruits and herbs. Skip cream-filled items, cheesecakes, and refrigerated frostings.
  3. 03
    Set up your business basics
    Pick a business name, file an assumed name (DBA) if needed at your county circuit court, get a local business license, and register with the Virginia Department of Taxation if you sell taxable items.
  4. 04
    Build your label template
    Include your name, address, product name, ingredients by weight, allergens, net quantity, and the required not-for-resale / no-state-inspection statement on the principal display panel.
  5. 05
    Plan your sales channels
    Sell wherever works for you: pickup at home, farmers markets, fairs, festivals, or a full online store. As of July 1, 2026, you can take orders online or by phone and deliver in person, by mail, or by delivery service to customers in Virginia.
  6. 06
    If you need out-of-state shipping or wholesale, plan a Home Food Processing Operation
    VDACS's Home Food Processing Operation pathway involves an inspection and broader rules but unlocks out-of-state shipping and wholesale distribution.
    Starting a Home Food Processing Business in Virginia (VDACS) →
  7. 07
    Set up Cakery to organize your orders
    Cakery gives you your own bakery page at cakerybakeries.com/your-bakery, free for your first 30 days. Use it as your menu and online ordering hub, since Virginia now allows online orders with delivery in person, by mail, or by delivery service.
    Start your free 30-day trial →
Worth knowing

A few things Virginia bakers should know.

  • As of July 1, 2026 (HB 402, 2026 c. 605), you can sell at any location, through the internet, or by phone, with delivery in person, by mail, or by delivery service to consumers in Virginia.
  • Out-of-state shipping is not allowed under the exemption. Sales must go to individuals in Virginia for their own consumption, not for resale or consignment.
  • Acidified foods (pickles, hot sauces, salsas) are capped at $9,000 in annual gross sales and have additional rules.
  • If you want to ship out of state or sell wholesale, look at the Home Food Processing Operation path through VDACS.
  • Local business licenses and zoning rules still apply even though the exemption removes most state requirements.
Resources

Bookmark these for Virginia baking.

Official agency resources

VDACS: Home Kitchen Food Processing Exemptions (FAQ)
VDACS's official FAQ on the home kitchen exemption, including allowed foods, labeling, and sales channels.
→
VDACS: Home and Commercial Kitchen-Based Businesses
VDACS hub page covering both the exemption and the Home Food Processing Operation path.
→
VDACS: Home Food Processing Application (PDF)
Application materials for the inspected Home Food Processing Operation path.
→
Virginia Department of Health: Food Safety
VDH's food safety page for additional retail food establishment context.
→

Statute and rules text

Code of Virginia § 3.2-5130 (Home food processing exemption)
→
Virginia HB 402 (2026, c. 605) (online sales and in-state delivery)
→
Virginia HB 759 (2024) (online advertising and acidified-foods cap)
→

Helpful resources for bakers

Forrager: Virginia cottage food guide
Plain-English Virginia overview kept current by Forrager.
→
Forrager: Virginia Home Food Processing Operation guide
Forrager's guide to the inspected path for shipping and wholesale.
→
Institute for Justice: Selling Homemade Food in Virginia
IJ's policy snapshot on Virginia cottage food.
→
Virginia Cottage Food Bakers (Facebook group)
Active Virginia community for cottage food sellers.
→
Cakery Pricing Guide for Cottage Bakers
How Cakery handles your storefront, orders, and customer leads.
→
Recent changes

Recent and upcoming changes in Virginia.

  • July 1, 2026HB 402 (2026 Acts of Assembly chapter 605) took effect: producers may now sell at any location, through the internet, or by phone to consumers in Virginia, with delivery in person, by mail, or by delivery service.
  • July 1, 2024HB 759 took effect: authorized online advertising of cottage food products, raised the acidified foods cap from $3,000 to $9,000 per year, and clarified that the required label statement must appear on the principal display panel.
FAQ

Virginia cottage food FAQ.

Do Virginia home bakers need a permit?
No, not under the home kitchen exemption. There is no state permit, license, inspection, or training required for non-perishable foods sold direct to consumers in Virginia.
Is there a sales cap?
Most products (baked goods, candies, dried foods, jams, jellies) have no statewide cap. Acidified foods are limited to $9,000 in gross annual sales.
Can I sell online or ship in Virginia?
Yes. As of July 1, 2026 (HB 402), you can sell at any location, through the internet, or by phone, and deliver in person, by mail, or by delivery service to consumers in Virginia. Out-of-state shipping is still not allowed; the Home Food Processing Operation path covers that.
Can I sell to grocery stores or restaurants?
Not under the home kitchen exemption. The exemption is direct-to-consumer only. Wholesale and retail distribution require the Home Food Processing Operation path.
Do I need food safety training?
No. Training is not required under the exemption, but a low-cost food handler course is encouraged for credibility.
Are cream cheese frosting and cheesecake allowed?
No. Anything that requires refrigeration is outside the exemption. You would need a permitted commercial kitchen for those products.
What is the required label statement?
A statement that the product is not for resale and was processed without state inspection, placed on the principal display panel of the package. Confirm exact wording with VDACS, since it has been refined over recent sessions.
Do I need a local business license to sell cottage food in Virginia?
You may. The exemption removes most state requirements, but you can still need a local business license, a sales tax certificate from the Virginia Department of Taxation, and zoning or HOA clearance for a home-based business.
What foods can I sell under Virginia's home kitchen exemption?
Non-perishable items like loaf breads, rolls, and biscuits, cookies and brownies, cakes and cupcakes without cream or custard fillings, fruit pies made with high-acid fruit, candies and fudge, jams and jellies, dried fruits and herbs, granola and roasted nuts, and dry baking or seasoning mixes.
Does Virginia require a home kitchen inspection for cottage food?
No. The home kitchen exemption does not require a VDACS inspection. If you upgrade to a Home Food Processing Operation, that path does involve an inspection.
Can I sell at farmers markets in Virginia?
Yes. You can sell at farmers markets without a state cottage permit. The market itself may have its own rules.
Do I need to register with VDACS before selling under the exemption?
No. There is no state registration to begin operating under the home kitchen exemption, and you do not file paperwork with VDACS. Upgrading to a Home Food Processing Operation does require an application to VDACS and an inspection.
Do I have to collect sales tax as a Virginia cottage food seller?
You may need to register with the Virginia Department of Taxation and get a sales tax certificate if you sell taxable items. Check with the Department of Taxation for your situation.
Can I sell honey under Virginia's cottage food rules?
Yes. Honey is allowed, up to 250 gallons per year under a related agriculture exemption.
Can I sell pickles, hot sauces, or salsas in Virginia?
Yes, but acidified foods like pickles, hot sauces, and salsas are capped at $9,000 in gross annual sales (raised from $3,000 by HB 759 in 2024) and carry tighter rules and additional labeling requirements.
Can I use DoorDash or Uber Eats to deliver my Virginia cottage food?
Yes, as of July 1, 2026. The amended law allows delivery in person, by mail, or by delivery service to consumers in Virginia. Confirm any platform's own policies before listing your products.
What information has to be on my Virginia cottage food label?
Your producer name, your production address, the product name, ingredients in descending order by weight, the net weight or volume, an allergen statement, and the required Virginia disclaimer on the principal display panel.
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Last verified August 28, 2026. This page is a plain-English summary of Virginia cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the Virginia agency listed in the official resources above before you sell, ship, or label a product.