Virginia Cottage Food Law Report
Complete reference for Virginia's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.
Code of Virginia, Title 3.2 Agriculture, Animal Care, and Food, Chapter 51 Food and Drink, §3.2-5130 Inspections required to operate food establishment
Verbatim ExcerptC. The provisions of subsections A and B shall not apply to: 3. Private homes where the resident processes and prepares candies, jams, and jellies not considered to be low-acid or acidified low-acid food products, dried fruits, dry herbs, dry seasonings, dry mixtures, coated and uncoated nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy, dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods if such products are (i) those that do not require time or temperature control after preparation; (ii) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (iii) sold at the private home, at a temporary event that operates for a period of no more than 14 consecutive days, or at a farmers market; (iv) not offered for sale to be used in or offered for consumption in retail food establishments; and (v) affixed with a label placed on the principal display panel or, for a product in packaging not large enough to bear such a label, offered for sale with a sign displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION." 4. Private homes where the resident processes and prepares pickles and other acidified vegetables that have an equilibrium pH value of 4.6 or lower if such products are (i) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (ii) sold at the private home, at a temporary event that operates for a period of no more than 14 consecutive days, or at a farmers market; (iii) not offered for sale to be used in or offered for consumption in retail food establishments; (iv) affixed with a label placed on the principal display panel displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION"; and (v) not exceeding $9,000 in gross sales in a calendar year.
Source: law.lis.virginia.gov/vacode/3.2-5130/ →
Non-TCS shelf-stable foods from private homes including candies, jams, jellies (not low-acid/acidified), dried fruits, dry herbs, dry seasonings, dry mixtures, nuts, vinegars, popcorn, cotton candy, dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods that do not require temperature control. Pickles and acidified vegetables with equilibrium pH 4.6 or lower are allowed with a $9,000 annual gross sales cap. Honey from own hives under 250 gallons per year is also allowed under a separate provision.
Time/temperature control foods (TCS foods) are prohibited. Pickles and acidified vegetables are subject to a $9,000 annual cap (among the lowest in the US). Products cannot be resold, consigned, or sold into retail food establishments. The general non-acidified cottage food category has no stated dollar cap.
Label must be affixed to the principal display panel (or a sign for small packages) and must include: name of the person preparing the food, physical address, telephone number, date the food product was processed, and the all-caps statement 'NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.' The all-caps requirement is distinctive among US cottage food laws.
Tiered
Good (IJ Grade C)
134
Virginia Counties (134)
Cottage food registration usually happens at the county level. Click any county for local zoning, health department, and planning department links.
Where to verify Virginia's rules
Data compiled from primary sources. Cottage food laws change — verify with your state agency before relying on this information.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Virginia Department of Agriculture and Consumer Servicesand your local health department before relying on this data.