Virginia cottage food law
Virginia Cottage Food Law — 432 pages and 134 counties
Full Virginia PDF (432 pages). This page stays free.
Last updated: · Research verified · Full guide in Cottage Pro ($15 one time) (432 pages)
Full Virginia PDF (432 pages). This page stays free.
Print Virginia labels for your first market
Print Virginia labels for your first market
After the law page, this is the next thing most bakers need: a print-ready mockup with the Virginia home-kitchen disclaimer, allergen line, and net-weight fields.
NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION
The Crosodo 50-State Cottage Food Label Packet (287 pages) is included in Cottage Pro — 287 pages of per-state rules, official examples, and county extras. Open the combined packet. The Virginia mockup above stays free.
- Product name, producer, and address (or allowed alternative)
- Ingredients by weight and major allergens
- Net weight / quantity
- Virginia home-kitchen / “not inspected” disclaimer
Not legal advice. Verify wording with the state agency before a production print run.
What does the official Virginia state handout say?
Virginia’s Home Food Processing Exemptions Frequently Asked Questions
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Virginia Department of Agriculture and Consumer Services (VDACS)https://www.vdacs.virginia.gov/pdf/homefoodexemptionsfaq.pdf
Manufactured food establishments, including home food processing operations, that manufacture, process, package, label, or store food for introduction into commerce (i.e., sale or distribution) are subject to the Virginia Food and Drink Law and other applicable regulations administered by the Virginia Department of Agriculture and Consumer Services (VDACS) Food Safety Program. These establishments are required to be inspected, have a permit to operate, and pay an annual inspection fee of $40. Section § 3.2-5130 of the Virginia Food and Drink Law includes exemptions from inspection, permit, and fee requirements for home food processing operations that process certain low risk foods, acidified vegetables, and/or honey in compliance with the exemption provisions. This guidance document addresses frequently asked questions related to the home food processing exemptions. Questions may be directed to the VDACS Food Safety Program by phone at (804) 786-3520 or by email at [email protected].
I. Low Risk Foods
- Candies
- Jams and jellies not considered to be low-acid or acidified low-acid food products
- Dried fruits
- Dried herbs
- Dry seasonings
- Dry mixtures
- Coated and uncoated nuts
- Vinegars and flavored vinegars
- Popcorn and popcorn balls
- Cotton candy
- Dried pasta
- Dry baking mixes
- Roasted coffee
- Dried tea
- Cereals
- Trail mixes
- Granola
- Baked goods that do not require time or temperature control after preparation
- NOTE (REV JUL 2026): these food products cannot require time or temperature control for safety after preparation. Foods that may be TCS include cut fruits, cut leafy greens, cut vegetables, some cheeses, fruit-based fillings or toppings, and cream cheese-based frostings. Buttercream frosting may be TCS or non-TCS depending on the recipe. Confirm the recipe with a food processing authority when it is not obvious.
- In your own private home
- Product packages are required to be labeled with information on the principal display panel as required by law: a label 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".
- If the product sold is too small to have an easily read label, and/or is sold to be consumed on-site, a sign at the area where the product is sold shall be an acceptable alternative to a label.
- In addition, this exemption does not preclude the need for standard labeling information on the product label (name of product, net weight statement, name and address of the manufacturer, list of ingredients and subingredients, and possibly nutritional information).
- Exempt food products can only be sold and delivered within the Commonwealth to individuals for their own consumption.
- A producer can sell their exempt food products directly to an individual for his own consumption by phone, through the internet, or at any location (with some exceptions; see Question #5 of this section).
- A producer can deliver their exempt food products directly to an individual for his own consumption in person, by mail, or by delivery service.
- Exempt food products cannot be sold for resale, for consignment, for use or consumption in retail food establishments, to other businesses, or across state lines.
- Yes. The REV JUL 2026 FAQ allows a producer to sell directly to an individual by phone or through the internet, with delivery in person, by mail, or by delivery service, inside Virginia only.
- Yes, to individuals in Virginia for their own consumption. The REV JUL 2026 FAQ and Va. Code § 3.2-5130 (HB 402 / 2026 c. 605) allow internet and phone sales and in-state mail or delivery. Products still cannot be sold for resale, consignment, restaurant use, to other businesses, or across state lines.
- No. Although you are still required to comply with all applicable laws and regulations, since you are exempt from the agency’s periodic inspections, you will no longer be required to pay the annual fee. If you receive a bill from VDACS requesting that you pay the annual fee, please contact our agency at 804-786-3520 or [email protected] so that the matter can be resolved.
II. Acidified Foods
- Pickles that have an equilibrium pH of 4.6 or lower.
- Acidified vegetables that have an equilibrium pH of 4.6 or lower.
- Acidified vegetable products include pickled products, salsa, chow-chow, relishes and similar vegetables.
- In your own private home
- Canned fermented foods
- Canned foods that require refrigeration for safety
- Canned acid foods
- Canned fruits
- Low-acid canned vegetables
- Producers of acidified foods must not exceed $9,000 in total annual gross sales for all acidified products produced. Producers should carefully document the amount of product sales incurred on an ongoing basis so that the information will be available for examination by VDACS.
- To reduce the likelihood of foodborne illness, home-canned acidified food must have an equilibrium pH value of 4.6 or lower to inhibit the growth and formation of toxins from the bacteria that cause botulism. In order to ensure that your product achieves the proper pH, an electronic pH meter should be purchased so that you can test the product to make certain that it is at a pH of 4.6 or lower.
- The home food processor is responsible for determining whether the product is an acidified food. We strongly advise that you have your manufacturing process reviewed and validated by a competent process authority. Home processors are strongly encouraged to complete a recognized Better Process Control School course. Information can be found in the Helpful Links section below.
- Product containers are required to be labeled with information on the principal display panel as required by law: a label 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".
- In addition, this exemption does not preclude the need for standard labeling information on the product label (name of product, net weight statement, name and address of the manufacturer, list of ingredients and subingredients, and possibly nutritional information).
- Exempt food products can only be sold and delivered within the Commonwealth to individuals for their own consumption.
- A producer can sell their exempt food products directly to an individual for his own consumption by phone, through the internet, or at any location (with some exceptions; see Question #8 of this section).
- A producer can deliver their exempt food products directly to an individual for his own consumption in person, by mail, or by delivery service.
- Exempt food products cannot be sold for resale, for consignment, for use or consumption in retail food establishments, to other businesses, or across state lines.
- Yes. The REV JUL 2026 FAQ allows a producer to sell directly to an individual by phone or through the internet, with delivery in person, by mail, or by delivery service, inside Virginia only.
- Yes, to individuals in Virginia for their own consumption. The REV JUL 2026 FAQ and Va. Code § 3.2-5130 (HB 402 / 2026 c. 605) allow internet and phone sales and in-state mail or delivery. Products still cannot be sold for resale, consignment, restaurant use, to other businesses, or across state lines.
- No. Although you are still required to comply with all applicable laws and regulations, since you are exempt from the agency’s periodic inspections, you will no longer be required to pay the annual fee. If you receive a bill from VDACS requesting that you pay the annual fee, please contact our agency at 804-786-3520 or [email protected] so that the matter can be resolved.
Additional Information Regarding pH
- pH is a measurement of acidity or alkalinity using a numerical scale between 1 and 14. A pH value of 1 is most acidic, a pH value of 7 is neutral and values above 7 are referred to as basic or alkaline.
- Electronic pH meters are very accurate and pocket-sized units are available for around $100.
- Paper strips are NOT accurate enough to measure acidity of home-canned and home-processed foods.
- The pH of a food product after the food acid (e.g., vinegar) is distributed equally throughout the product.
- For example, the initial pH of the pickled cucumber that has been recently canned, will not be the same hours or days later. It takes time for the vinegar (which is acid) to penetrate and distribute into the cucumbers. Therefore, testing the pH of only the brine (liquid) portion of a recently canned and processed product is not accurate.
- For foods canned and processed less than 2 months: food sample needs to be finely ground in a blender prior to pH testing.
- For foods with a process date greater than 2 months: pH may be taken of the brine only since all contents of the canned product should be in equilibrium.
- The person that processed the food as long as they are capable of performing an accurate pH test.
- When testing, follow the same recipe and procedures for each batch of food to be tested.
- A separate pH test is required for each different product offered for sale under this exemption.
- Private laboratories.
- Universities.
- Dill pickles (pH 2.6-3.8)
- Tomatoes (pH 3.7-4.9)
- Distilled water (pH 7)
- Garlic (pH 5.3-6.3)
III. Honey Processing
- Private homes where the resident processes and prepares pure honey produced by his own hives.
- The resident sells less than 250 gallons of honey annually.
- The resident does not process and sell other food products in addition to the honey, except as allowed above (low risk foods and acidified foods).
- In your own private home
- Infused honey products would not fall under the exemption as they are considered value-added honey products, not pure honey.
- The product is labeled “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.”
- In addition, this exemption does not preclude the need for standard labeling information on the product label (name of product, net weight statement, name and address of the manufacturer, list of ingredients and subingredients and possibly nutritional information).
- Currently there are not restrictions regarding where the products can be sold and who they may be sold to.
IV. Helpful Links
- Complete list of process authorities: https://www.afdo.org/directories/fpa/
- Virginia Tech Food Producer Technical Assistance Network: https://fst.vt.edu/partnerships-and-learning/food-producer-technical-assistance-network.html
- University of Tennessee: https://foodscience.tennessee.edu/better-process-control-school-course
- Grocery Manufacturers Association: https://consumerbrandsassociation.org/about-us/programs-initiatives/%20better-process-control-school/
- USDA Complete Guide to Home Canning: https://nchfp.uga.edu/publications/publications_usda.html
- Please contact the VDACS Food Safety Program by phone: 804-786-3520 or by email: [email protected]
Reproduced from the official VDACS fact sheet (VDACS-FSP-EXFAQ-REVJUL2026).
Cottage Pro — $15 one time
This page is the free Virginia statute. Cottage Pro is the apply checklist and workspace.
Pick your Virginia county
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
Download the PDFFree email alerts
Virginia Cottage Food Updates
New bills, rule changes and local news for home bakers in Virginia. Every story links to its source.
What does the Good tier mean for Virginia?
Tier: Good. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Virginia cottage food law — quick summary
How do I start a cottage food business in Virginia?
How to start in Virginia
A practical path from “am I allowed?” to first sale. Not legal advice — confirm every step with Virginia agencies and your local offices.
Cottage exemption and HFPO
Crosodo year one follows the home cottage exemption in Va. Code § 3.2-5130. That exemption is not a certification. VDACS does not issue a cottage certificate. A Home Food Processing Operation (HFPO) is a different path: inspection, permit, and a $40 annual fee on the official application. Local zoning, HBB, MHO, BPOL, and market insurance are separate papers. A market can require insurance without a state cottage certificate. Fairfax County porch pickup and HBB, and Fairfax City MHO, are local rules. They are not HFPO. The current Code and the VDACS Home Food Exemptions FAQ (REV JUL 2026) allow internet and phone sales and in-state delivery or mail. Buyers stay in the Commonwealth. Not legal advice. Confirm with VDACS and the market.
Confirm your products are allowed
Virginia allows 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.. High-risk or refrigerated foods usually need a commercial kitchen — not a cottage exemption.
Choose sales channels you can actually use
Sales cap: Tiered. Indirect / wholesale-style sales: No. Farmers markets and direct-to-consumer pickup are the usual start. Check county and city rules before advertising porch pickup.
Clear local zoning, licenses, and tax IDs
State cottage food rules are the floor. Your city or county may still require a business license, home occupation approval, HOA permission, or sales tax registration. Do this before you print an address on Instagram.
Registration, training, and kitchen rules
State registration: No. Food handler / training: No. Kitchen inspection: No. Complete certificates the market or agency will ask for.
Build compliant labels
Use the Virginia label requirements on this site (and the free template). Match disclaimer language to the statute or agency guide before you print a batch.
Soft-launch, then first paid sales
Keep a simple sales log from day one so you stay under any annual cap. Soft-launch with pre-orders before a full market day.
Verify with official sources
Re-check the state cottage food page and your local health / planning office before you invest in equipment or marketing. Rules change.
What usually goes on the package
- Product name (common or usual name of the food)
- Business or producer name
- Producer address (or address alternative your state allows)
- Ingredients in descending order by weight
- Major allergen disclosures (e.g. wheat, milk, eggs, soy, tree nuts, peanuts, fish, shellfish, sesame)
- Net weight or quantity
- Home-kitchen disclaimer: “NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION”
This is a planning checklist compiled for home bakers. It is not legal, tax, or zoning advice.
What are the Virginia sales cap, allowed products and registration rules?
Tiered
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.
Registration: No. Food handler cert: No.
What does the Virginia cottage food statute say?
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 at any location, through the internet, or by phone to an individual in the Commonwealth for his own consumption and not for resale or consignment; (iii) delivered in person, by mail, or by delivery service to an individual in the Commonwealth for his own consumption and not for resale or consignment; (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 or post office box number, 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." Nothing in this subdivision shall prohibit a resident selling a food product in accordance with this subdivision from advertising such food product on the Internet. Amended 2026, c. 605 (HB 402), effective July 1, 2026.
Source: law.lis.virginia.gov/vacode/title3.2/chapter51/section3.2-5130/ →
How does Virginia compare with neighboring states?
Virginia vs neighboring cottage food laws
Tier and sales-cap snapshot for Virginia and nearby states. Click through for full rules, labeling, and county pages.
| State | Tier | Sales cap | Guide |
|---|---|---|---|
| VirginiaYou are here | Good | Tiered | This page |
| District of Columbia | Okay | None | District of Columbia law → |
| Kentucky | Okay | 60000 | Kentucky law → |
| Maryland | Good | 100000 | Maryland law → |
| North Carolina | Good | None | North Carolina law → |
| Tennessee | Good | None | Tennessee law → |
Need a compliant product label for Virginia? Open the Virginia label mockup (free), or the Cottage Pro — 287-page label packet included.
Notes on Virginia cottage food rules
Where can I verify Virginia's rules?
Where to verify Virginia's rules
Virginia special guides
Training & pet treat resources
Official agency guides with study materials, labeling rules, and pet treat requirements. See also the pet treat guidance hub.
Which Virginia counties are covered?
Virginia Counties
134 counties tracked. Pick yours for the local zoning + health department links.
View all 134 counties →What are the city zoning rules in Virginia?
City zoning rules in Virginia
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
Was this page helpful?
Virginia cottage food law — FAQ
Do I need a license or permit to sell homemade food in Virginia?
No VDACS permit, registration, or routine inspection for the §3.2-5130 exemption (HB 402). Local zoning and licenses still apply.
What foods can I sell under the Virginia cottage food law?
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.
Is there a sales cap for cottage food in Virginia?
Tiered
How good is Virginia's cottage food law?
Virginia is a Good-tier cottage food state by Crosodo's rating criteria. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Keep exploring Virginia
Keep exploring Virginia
Labels, product checks, county zoning, and local discuss — so one state page becomes a full readiness plan.
Market-day tees from the Crosodo collection — for the craft, not the algorithm.
What do bakers ask about Virginia?
What bakers ask about Virginia
Seed threads for markets, zoning, and labels — join the channel or ask the directory.
Farmers market process in Virginia?
Which markets welcome cottage bakers, what they charge, and label checks on day one.
Good label printers in Virginia?
Local print shops or home setups that handle home-kitchen disclaimers cleanly.
Zoning experience in Virginia counties?
Home occupation, pickup traffic, signage — what did your planning office actually require?
How I got legal in Virginia
Registration portal tips, food handler cert, and the county step nobody publishes.
Virginia label wording that passed review
Share real labels (blur personal info) and any county extras beyond the state minimum.
Crosodo tees for Virginia bakers
You might like these too
While you're deep in Virginia rules — vintage-varsity tees for booth days and bake nights.
Can I list my bakes in the Crosodo classifieds?
Resources for cottage food and home bakers
Supplies, courses, insurance, farmers markets, kitchen rentals, and local services. To advertise here, visit crosodo.com/advertise. Browse all classifieds.
Ads are paid placements. Crosodo does not endorse listed vendors. Verify all product, service, course, insurance, and legal information independently.
Is this Virginia page legal advice?
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Virginia Department of Agriculture and Consumer Services and your local health department before relying on this data.
Official filing: Virginia Department of Agriculture and Consumer Services →
How does the Crosodo ladder work here? State vs county rules and pets
Crosodo ladder · not a license · How the ladder works
- 0Bake for friends
Give it away: gifts, potlucks, the office tray.
$0
Taking money? → Step 1
- 1Sell from home
Sell shelf-stable bakes straight to the person who eats them.
$0 state
Want store shelves? → Step 2
- 2Sell to stores
Sell to shops, cafés and resellers from an inspected kitchen.
$40/yr state
Want a storefront? → Step 3
VDACS Manufactured Food Establishment Permit Application … · VDACS Home Food Exemptions FAQ (REV JUL 2026)
- 3Commercial bakery
Bake in a commercial kitchen. Sell from your own shop.
Virginia
$40/yr state
Renew permits every year
- Pets: do I need a door?
Virginia · Step 1
Not addressed
The state's exemption sources don't mention pets.
Virginia · Step 2 (home)
Yes
A solid, hinged door that latches. Pets out at all times. Baby gates don't count.
VDACS Home Food Exemptions FAQ (REV JUL 2026) · VDACS Manufactured Food Establishment Permit Application …
Pick your county for local rules → Crosodo is a research guide, not a government agency. Not legal advice.