West Virginia: Unattended honesty stand?

Not addressed. The law doesn't mention unattended, self-serve or honor-system stands.

West Virginia: Sign up with the state?

No. No permit for nonpotentially hazardous foods. Potentially hazardous ones need one.

West Virginia: Food safety class?

Sometimes. Potentially hazardous foods need a WVDA permit and a food safety course.

West Virginia: Kitchen inspection?

Sometimes. WVDA inspects before a potentially hazardous permit. Others face no routine checks.

West Virginia: Yearly sales limit

No limit. The law sets no yearly sales cap.

West Virginia: Foods that need a fridge?

Sometimes. Shelf-stable foods need no permit. Potentially hazardous ones need a WVDA permit.

West Virginia: Take orders online?

Yes. Sales may be in person or remote, including through an agent.

West Virginia: Ship or mail orders?

Yes. Delivered by the producer, an agent, a third-party vendor or a carrier.

West Virginia: Sell through shops?

Sometimes. Shelf-stable foods can go through a third-party vendor such as a shop.

Cottage food law

West Virginia cottage food law

West Virginia lets home kitchens sell nonpotentially hazardous cottage foods with no state permit, routine inspection or yearly sales cap. Potentially hazardous foods need a WVDA permit, an inspection and training.

Checked against the law October 21, 2026

The rules at a glance

Cottage foods

Unattended honesty stand?
Not addressed
The law doesn't mention unattended, self-serve or honor-system stands.
Sign up with the state?
No
No permit for nonpotentially hazardous foods. Potentially hazardous ones need one.
Source
- The production and sale of nonpotentially hazardous foods, when done in conformity with this section and the accompanying legislative rules, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this stateWest Virginia Code §19-35-6, Nonpotentially hazardous foods
- All non-potentially hazardous food products may continue to be sold as cottage foods without a cottage food vendor permitWest Virginia Department of Agriculture: Potentially Hazardous Cottage Foods
- a person wanting to sell potentially hazardous cottage food shall apply for a potentially hazardous cottage food vendor permit from the departmentWest Virginia Code §19-40-2, Potentially hazardous cottage food vendor permits
Food safety class?
Sometimes
Potentially hazardous foods need a WVDA permit and a food safety course.
Source
- People engaged in production of potentially hazardous cottage foods identified in this rule shall attend and keep current one or more of the following and provide documentation of successful completion of the scope of curriculum from a WVDA-approved food-safety courseWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
- The producer must submit proof of or having completed Better Process Control School or other higher-level food safety trainingWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
Kitchen inspection?
Sometimes
WVDA inspects before a potentially hazardous permit. Others face no routine checks.
Source
- Kitchen inspections for potentially hazardous cottage food product vendors shall be conducted by a WVDA representative upon the initial application and after renewal of the annual applicationWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
- Impede the authority of a local health department or the department to investigate or cease the production or sale of food items reported to have caused a foodborne illnessWest Virginia Code §19-35-6, Nonpotentially hazardous foods
Yearly sales limit
No limit
The law sets no yearly sales cap.
Source
- The production and sale of nonpotentially hazardous foods, when done in conformity with this section and the accompanying legislative rules, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this stateWest Virginia Code §19-35-6, Nonpotentially hazardous foods
- The nonpotentially hazardous food item must be sold by the producer to the consumer, whether in person or remotely, or by an agent of the producer or a third-party vendorWest Virginia Code §19-35-6, Nonpotentially hazardous foods
Foods that need a fridge?
Sometimes
Shelf-stable foods need no permit. Potentially hazardous ones need a WVDA permit.
Source
- a food item that does not require time/temperature control for safety to limit pathogenic microorganism growth or toxin formationWest Virginia Code §19-35-2, Definitions
- The following potentially hazardous cottage food products may be sold at home if a potentially hazardous vendor permit has been obtainedWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
Take orders online?
Yes
Sales may be in person or remote, including through an agent.
Source
- The nonpotentially hazardous food item must be sold by the producer to the consumer, whether in person or remotely, or by an agent of the producer or a third-party vendorWest Virginia Code §19-35-6, Nonpotentially hazardous foods
Ship or mail orders?
Yes
Delivered by the producer, an agent, a third-party vendor or a carrier.
Source
- The nonpotentially hazardous food items must be delivered to the consumer by the producer, an agent of the producer, a third-party vendor, or a third-party carrierWest Virginia Code §19-35-6, Nonpotentially hazardous foods
Sell through shops?
Sometimes
Shelf-stable foods can go through a third-party vendor such as a shop.
Source
- The seller of the nonpotentially hazardous food item may be the producer of the item, an agent of the producer, or a third-party vendor, such as a retail shop or grocery storeWest Virginia Code §19-35-2, Definitions
- The nonpotentially hazardous food item must be sold by the producer to the consumer, whether in person or remotely, or by an agent of the producer or a third-party vendorWest Virginia Code §19-35-6, Nonpotentially hazardous foods

What goes on the label

Required wording

This product was made in a noncommercial or home kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.

The label must be submitted to the WVDA for review.

Source

This product was made in a noncommercial or home kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statementWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)

The label also shows

The common name of the product
Your company name
City, state and zip code
Ingredients, greatest weight first
Net contents or numerical count
Major allergens, starting with Contains
Safe handling instructions, if needed
Date or lot codes, for potentially hazardous foods

Source

All nonpotentially hazardous foods shall be labeled in compliance with the department's labeling standards and provide information about their content and sourcesWest Virginia Code §19-35-6, Nonpotentially hazardous foods
Statement of identity, which is the common name of the productWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
Company name of producer, packer, or distributorWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
City, state and zip code of the producer, packer, or distributorWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
Ingredients listed in descending order from greatest weight to leastWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
Net contents or numerical countWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
A statement of any of the major food allergens contained in the productWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
Safe handling instructions such as freezing or refrigeration requirements and minimum safe heating temperatures when applicableWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)
Any date or lot codes that are required elsewhere in these rules for potentially hazardous foodsWVDA: Cottage Foods-Homemade Potentially Hazardous Food Items, 61 CSR 42 (PDF)

Before your first sale

This is general information, not legal advice. Check with the West Virginia Department of Agriculture (WVDA) 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.

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