West Virginia cottage food laws
Rules change, so always confirm with the official West Virginia source.
The law: West Virginia Code § 19-35-6, nonpotentially hazardous foods exemption.
What you can sell
Nonpotentially hazardous foods, including shelf-stable home baking, qualify under this exemption.
What you can't sell
Foods requiring temperature control do not qualify under this particular exemption; separate rules may apply.
Do you need a license or permit?
No food license, permit or routine inspection is required for qualifying products. Business identification registration, taxes and other applicable laws remain in force; associated business fees were not verified.
Sales limits
No dollar cap appears in the reviewed exemption statute.
Where you can sell
Sales may occur directly or remotely, through agents or third-party vendors, with delivery by the producer, agents, vendors or third-party carriers. Interstate authorization was not established; confirm before shipping across state lines.
Label requirements
Include product name, business name and city/state/ZIP, descending-weight ingredients, net contents in U.S. and metric units, and a Contains allergen statement. Home-kitchen products must state: “This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.” Nonpotentially hazardous foods may provide information on package labels, qualifying placards, receipts/documents or the online sales page.
Good to know
The agency’s 2026 labeling guidance supplies the current home-kitchen disclaimer. Temperature-controlled products require separate research and are not covered by this summary. 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://code.wvlegislature.gov/19-35-6/
General summary, not legal advice.
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