Virginia cottage food law
Virginia exempts low-risk home-made foods from permits and inspections under a statewide home food processing exemption. There is no sales cap on those foods; pickles and acidified vegetables are capped at $9,000 a year.
Checked against the law
The rules at a glance
Home food processing exemption
Unattended honesty stand?
Not addressedThe exemption does not mention self-serve or honor-system stands.
Sign up with the state?
NoNo permit or fee for exempt foods. Other foods need a VDACS permit.
Source
exempt home food processing operations are exempt from the Food Safety Program’s inspection, permit, and annual inspection fee requirements
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)You need to apply for a permit from the Food Safety Program
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)
Food safety class?
Not addressedThe exemption does not set a food safety class or card.
Kitchen inspection?
SometimesNo routine checks. VDACS can inspect after a complaint.
Source
exempt home food processing operations are exempt from the Food Safety Program’s inspection, permit, and annual inspection fee requirements
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)Nothing in this section shall prevent the Department from inspecting any nonprofit organization, private home, or retail establishment if a consumer complaint is received
Code of Virginia § 3.2-5130
Yearly sales limit
Acidified vegetables: $9,000No cap on low-risk foods. Acidified vegetables cap at $9,000.
Source
not exceeding $9,000 in gross sales in a calendar year
Code of Virginia § 3.2-5130Exempt producers must not exceed $9,000 in total annual gross sales for all acidified vegetable products produced
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)
Foods that need a fridge?
NoOnly shelf-stable foods that can sit out after you make them.
Source
these food products cannot require time or temperature control for safety after preparation
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)
Take orders online?
YesBy phone or online, to people in Virginia only.
Source
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
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)Exempt food products can only be sold and delivered within the Commonwealth to individuals for their own consumption
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)
Ship or mail orders?
YesBy mail or delivery service, within Virginia only.
Source
A producer can deliver their exempt food products directly to an individual for his own consumption in person, by mail, or by delivery service
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)Exempt food products can only be sold and delivered within the Commonwealth to individuals for their own consumption
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)
Sell through shops?
NoNo stores, restaurants or resale. No sales across state lines.
Source
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
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)
What goes on the label
Required wording
NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATE INSPECTION
On the front label, or a sign if the package is too small.
Source
the statement “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)
The label also shows
- Your name, address and phone number
- The date you made the food
- The name of the food
- Net weight
- Ingredients and subingredients
Source
A label displaying the name, physical address or post office box number, and telephone number of the person preparing the food product
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)The date the food product was processed
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)standard labeling requirements (product name, net weight statement, name and address of the manufacturer, list of ingredients and subingredients, and possibly nutritional information)
VDACS: Virginia's Home Food Processing Exemptions FAQ (PDF)
Before your first sale
This is general information, not legal advice. Check with the Virginia Department of Agriculture and Consumer Services (VDACS) before you sell, and again if you add a new food or a new way of selling.
We check these sources every month and update this page when they change.
