West Virginia Cottage Food Laws

West Virginia is permissive at the state level but genuinely varies county to county — call your local health department before your first market.

Fast facts

Permit
No permit for most home baked goods
Annual sales cap
No limit
Online sales
Limited
Shipping
Not allowed

What makes West Virginia different

  • Home-based baked goods are exempt from permitting
  • No sales cap
  • Local health departments administer the rules and may require registration

Where you can sell in West Virginia

  • Direct to consumer
  • Farmers markets
  • Home pickup
  • Events

What you can and can't make

West Virginia follows the standard cottage food logic: shelf-stable items are in, anything needing refrigeration is out. Check the West Virginia Department of Health / local health departments product list for state-specific exceptions.

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

West Virginia labeling requirements

  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 West Virginia

West Virginia Department of Health / local health departments administers cottage food rules in West Virginia.

Last verified:

Visit West Virginia Department of Health / local health departments

Not legal advice. This summary is for general education. Confirm with West Virginia Department of Health / local health departments before you start selling.

Cottage food laws in other states