Virginia Cottage Food Laws (2026)

✓ Verified against official sources · Aug 20, 2026Virginia Food and Drink Law – Home Food Processing Exemptions, Va. Code § 3.2-5130(C)(3)-(5); amended by 2026 HB 402 (c. 605), effective 2026-07-01

License: Tiered (two tracks)
Annual sales cap: Up to $9,000/yr
Government fees: $0
Training: Not required
Regulator: Virginia Department of Agriculture and Consumer Services (VDACS) – Food Safety ProgramHandled at state level

The two paths

Path	Where you can sell	Sales cap	Inspection	Fee
Low-Risk Foods Exemption (§ 3.2-5130(C)(3))	Direct to consumers, Online orders, Shipping within the state, Farmers markets, Fairs & community events	No capNo dollar cap; sales limited to Virginia individual consumers for personal use — resale, wholesale, and use by retail establishments are prohibited.	No	$0
Acidified Vegetables / Pickles Exemption (§ 3.2-5130(C)(4))	Direct to consumers, Online orders, Shipping within the state, Farmers markets, Fairs & community events	$9,000/yrCombined annual sales of all acidified products by the same producer may not exceed $9,000.	No	$0
Honey Exemption (§ 3.2-5130(C)(5))	Direct to consumers, Through stores & restaurants, Online orders, Shipping within the state, Farmers markets, Fairs & community events	No capNo dollar cap; but annual sales of pure honey from the producer's own hives may not exceed 250 gallons (a volume limit, not a dollar limit); may not be sold combined with products other than low-risk or acidified foods.	No	$0

What you can and can’t make

Allowed

Baked goods (no cream/custard fillings)
Candy & chocolate
Jams & jellies (standard high-acid)
Dried fruit
Granola & cereal
Roasted nuts & nut butters
Popcorn & caramel corn
Dry tea & roasted coffee
Dry baking/soup mixes
Spices & seasoning blends
Vinegars & mustards
Cotton candy
Dried pasta
Trail mix
Honey
Pickles & acidified sauces

Not allowed

Meat & jerky
Fish & seafood
Fresh dairy products
Cream, custard & meringue fillings
Kombucha & fermented drinks
Low-acid canned foods
Any food requiring refrigeration (TCS)

Label requirements

Every product label must include:

Product name
Business / operation name
Operation address
Phone number
Date produced
Ingredients, in descending order by weight
Net weight in both US and metric units
FDA major allergen declaration
Home kitchen statement (exact wording below)

Required statement, word for word:

“NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION.”

placement: principal display panel; if package too small for a legible label, or product is sold for on-site consumption, a sign at point of sale with the same information is an acceptable alternative · ALL CAPS per statutory text. VDACS FAQ guidance (VDACS-FSP-EXFAQ-REVJUL2026) renders it with an em dash: "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION" — both forms trace to the same statutory language; honey has a separate required statement: "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old." · Statute: Va. Code § 3.2-5130(C)(3)(v) and (C)(4)(iv)

Generate a Virginia-compliant label

Where you can sell

Online orders	Yes
Shipping within the state	Yes
Across state lines	No
Stores, cafés & other resellers	No
Third-party delivery apps	Yes

What it costs to start

Permit / registration fee$0
Food safety course (optional)Optional here, but markets often ask$10–$30
Labels, bags & packaging (first batch)$30–$60
LLC formation (optional)Plus your state's filing fee$39
Liability insurance (optional)Per month, from FLIP$26
Likely minimum to start (required items)from $30

Common questions

Do I need a license to sell food from home in Virginia?

It depends on the track you choose. Virginia has 3 paths with different requirements — see the tier table above.

How much can a cottage food business sell per year in Virginia?

Up to $9,000/yr. No dollar cap; sales limited to Virginia individual consumers for personal use — resale, wholesale, and use by retail establishments are prohibited.

Can I sell my homemade food online in Virginia?

Yes, online orders are allowed, and you can ship within the state. Sales across state lines are not allowed.

What has to be on a cottage food label in Virginia?

9 required elements, including the exact statement: “NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION.”. See the labeling section for the full list (Va. Code § 3.2-5130(C)(3)(v) and (C)(4)(iv)).

Who regulates cottage food in Virginia?

Virginia Department of Agriculture and Consumer Services (VDACS) – Food Safety Program.

Recent law changes

2026-07-01 (VA HB402 (2026 c.605)) — HB 402 (2026 Acts of Assembly, c. 605) amended § 3.2-5130 to let low-risk and acidified vegetable/pickle exemptions sell to Virginia individuals via internet or phone and deliver in-state by mail or delivery service (previously limited to in-person sales at the home, farmers markets, or temporary events of 14 days or less), and directed VDACS to convene a work group by November 1, 2026 to study kitchen structure/equipment standards for operations that don't meet the current exemption criteria.

Official sources

This guide was compiled from the following primary sources, last reviewed on Aug 20, 2026:

Next steps after the permit

Registering with Virginia is step one. Most sellers also sort out three things before their first market day:

Food safety training. Not always required, but markets and insurers often ask for it. Learn2Serve by 360training — ANSI-accredited food handler courses accepted in most states — done online in about two hours.
Business structure. A sole proprietorship is fine to start; an LLC separates business liability from your family finances. Northwest Registered Agent — Registers your LLC and acts as your registered agent, so your home address stays off public filings.
Liability insurance. Food Liability Insurance Program (FLIP) — Liability coverage built for home food businesses, from about $25/month. Many markets require proof of insurance.

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