Virginia cottage food laws
Rules change, so always confirm with the official Virginia source.
The law: Virginia home kitchen food processing exemptions, Code § 3.2-5130(C)(3)-(4).
What you can sell
Shelf-stable baked goods, candies, qualifying jams/jellies, dried foods, nuts, popcorn, granola and similar listed low-risk foods qualify. A separate exemption covers pickles and acidified vegetables at equilibrium pH 4.6 or below.
What you can't sell
Baked goods requiring refrigeration or other temperature control do not qualify under the low-risk exemption. The acidified-food exemption excludes low-acid canned vegetables, canned fruit, canned fermented foods and canned products requiring refrigeration.
Do you need a license or permit?
Qualifying exempt producers do not need routine VDACS inspection and do not pay its $40 annual inspection fee. Other applicable food laws and local business requirements remain; operations outside the exemption need VDACS approval.
Sales limits
No dollar cap is specified for listed low-risk foods; acidified products have a separate $9,000 total annual gross-sales cap.
Where you can sell
Sell directly at the producing home, farmers markets or temporary events lasting no more than 14 consecutive days; no resale or interstate sales. Online advertising and messaging to arrange an in-person sale are allowed, but online order forms, online sales/payments and mail or parcel shipping are prohibited; electronic payment during the in-person transaction is allowed.
Label requirements
Include preparer name, physical address, phone, processing date and “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”, plus standard product name, net quantity, ingredient/subingredient and applicable allergen/nutrition information. For low-risk foods too small to label or consumed on-site, a point-of-sale sign may substitute.
Good to know
The agency’s reviewed exemption FAQ is revised July 2024; it distinguishes advertising from actually selling online. Subsequent changes through October 2026 were not established. Some details on this page could not be fully confirmed from official sources, so check with the state agency before you sell.
Pricing your products
Knowing your real cost per item matters as much as following the law.
Try Oven Elf free →Source: https://www.vdacs.virginia.gov/pdf/kitchenbillfaq.pdf
General summary, not legal advice.
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