Virginia Cottage Food Laws

Virginia's exemption keeps paperwork minimal for baked goods, but it is strictly direct to the consumer within the state.

Important information: Cottage food laws vary by state and may change. This guide is provided for general educational purposes and is not legal advice. Always confirm current requirements with your state's official regulatory agency before selling homemade food.

Checked against official Virginia sources on November 2, 2026: permit, online sales and label statement. Anything not marked as checked is our summary — check with the Virginia Department of Agriculture & Consumer Services.

Fast facts

Permit
No permit for exempt low-risk foods; inspection for others (checked)
Annual sales cap
No limit (summary)
Online sales
Not allowed (checked)
Shipping
Limited (summary)

What makes Virginia different

  • Low-risk home-processed foods are exempt from VDACS inspection, permit and fees under Code of Virginia § 3.2-5130
  • Sales and delivery are limited to individuals in Virginia for their own consumption; no resale or retail
  • You may advertise online, but you can't offer the products for sale online
  • Acidified vegetables have a $9,000 yearly sales cap

Where you can sell in Virginia

  • Direct to consumer
  • Farmers markets
  • Events

What you can and can't make

These lists describe what most cottage food laws allow and prohibit. They aren't Virginia's official product list: check the Virginia Department of Agriculture & Consumer Services for the foods Virginia actually allows.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

Virginia labeling requirements

Required statement, checked November 2, 2026:

NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION

Most states require the elements below. Virginia's exact list may differ, so confirm it with the Virginia Department of Agriculture & Consumer Services.

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for Virginia

The Virginia Department of Agriculture & Consumer Services administers cottage food rules in Virginia. Their page is the authoritative, current version of everything summarized here.

Visit the Virginia Department of Agriculture & Consumer Services

Sources we checked on November 2, 2026:

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Cottage food laws in other states