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Virginia Cottage Food Laws 2026: No Permit, Three Exemptions

Virginia exempts home kitchens from inspection for low-risk foods, acidified vegetables, and honey. Learn the sales limits, allowed foods, and label rules.

By StandScout ·

At a glance

No permit or inspection.
Virginia exempts qualifying private homes from state inspection, permit, and fee requirements for three categories of food (Va. Code § 3.2-5130(C)).
Three exemptions.
Low-risk foods, acidified vegetables, and honey each have distinct rules. Low-risk foods have no dollar cap. Acidified vegetables are capped at $9,000 in gross sales a calendar year. Honey is capped at 250 gallons in total annual honey sales.
Where you can sell.
Low-risk foods and acidified vegetables must be sold and delivered within Virginia to an individual for their own consumption, not for resale or consignment. Honey has no location restrictions.
Labeling.
Low-risk food and acidified vegetable products must carry your name, physical address or P.O. box, phone number, the processing date, and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION." Honey must carry a different warning statement.

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Low-risk foods

This exemption covers candies, jams and jellies (not low-acid or acidified), dried fruits, dry herbs, dry spices, dry mixtures, coated and uncoated nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy, dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods that do not require time or temperature control after preparation (Va. Code § 3.2-5130(C)(3)). VDACS lists examples of baked goods that may be allowed, such as cookies, fruit pies, muffins, and sourdough bread, as well as cakes that are not filled or topped with ingredients like fresh fruit, fruit curd, custard, whipped cream, mousse, or cream cheese (VDACS FAQ). There is no dollar cap for this exemption.

Acidified vegetables

This exemption covers pickles and other acidified vegetables with a finished equilibrium pH of 4.6 or lower (Va. Code § 3.2-5130(C)(4)). VDACS notes examples that may be allowed include relishes, chow-chow, and acidified salsa, but examples that may not be allowed include barbecue sauces, canned fruits, fresh salsa, hot sauce, and pepper jelly (VDACS FAQ). Gross sales for all acidified vegetable products must not exceed $9,000 in a calendar year. VDACS strongly advises having your manufacturing process reviewed and validated by a competent process authority, and strongly encourages completing a recognized Better Process Control School course (VDACS FAQ).

Honey

This exemption covers pure honey produced by the producer's own hives (Va. Code § 3.2-5130(C)(5)). The producer must sell less than 250 gallons of honey annually. Infused honey or other value-added honey products are not allowed under this exemption (VDACS FAQ). Unlike the other two exemptions, VDACS states there are currently no restrictions regarding where or how exempt honey products can be sold (VDACS FAQ).

What you can sell

Allowed foods fall into the three categories above. All products must be made in the producer's own private home (VDACS FAQ). For low-risk foods and acidified vegetables, products cannot require time or temperature control for safety after preparation. VDACS notes that foods that may be considered TCS (time/temperature control for safety) include cut fruits, cut leafy greens, cut vegetables, some cheeses, fruit-based fillings or toppings, and cream cheese-based frostings (VDACS FAQ).

How/where you can sell

For low-risk foods and acidified vegetables, you can sell directly to an individual in Virginia for their own consumption at any location, through the internet, or by phone. Delivery can be in person, by mail, or by delivery service to an individual in Virginia for their own consumption (Va. Code § 3.2-5130(C)(3)). Products cannot be sold for resale, for consignment, for use or consumption in retail food establishments, to other businesses, or across state lines (VDACS FAQ). For honey, VDACS states there are currently no restrictions regarding where or how the products can be sold (VDACS FAQ).

Labels

Virginia law requires specific label information for each exemption. The block below lists each item with the official wording.

Label rules last verified Oct 2, 2026 against 5 official sources.

Make a Virginia label
Low-risk home foods (Va. Code § 3.2-5130(C)(3))
Private home where the resident processes and prepares candies, jams and jellies (not low-acid or acidified), dried fruits, dry herbs, dry seasonings, dry mixtures, nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy, dried pasta, dry…
Morebaking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods that do not require time or temperature control. Sold at any location, online or by phone to an individual in Virginia for personal consumption, or delivered in person, by mail or delivery service; not for resale and not offered for use or consumption in retail food establishments.

Required on the label

Print word for word

NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION

  • Product nameCommon or usual name of the food (VDACS: "product name"; § 3.2-5123(A)(4)(a)).
  • Net quantityAccurate statement of the quantity of the contents in terms of weight, measure, or numerical count (§ 3.2-5123(A)(8)(iii)); VDACS: "net weight statement".
  • Date made"the date the food product was processed".
  • Business or producer nameName of the person preparing the food product.
  • AddressPhysical address or post office box number of the person preparing the food product.
  • Phone numberTelephone number of the person preparing the food product.

Depends on your product or how you sell

  • IngredientsWhen: The food is made from two or more ingredients (the statute text is conditional; VDACS's FAQ lists "list of ingredients and subingredients" among the standard labeling items without that qualifier).Common or usual name of each ingredient, with subingredients (VDACS).
  • Nutrition informationWhen: Federal nutrition-labeling requirements (FDCA section 403(q)) apply to the product; VDACS says "possibly nutritional information".Per the federal nutrition labeling requirements the statute incorporates.

The cottage food rules say nothing about allergens. That does not make them optional: general food labeling rules may still apply, and the label generator lets you add them.

Home pickles and acidified vegetables (Va. Code § 3.2-5130(C)(4))
Private home where the resident processes and prepares pickles and other acidified vegetables with an equilibrium pH of 4.6 or lower, sold or delivered to an individual in Virginia for his own consumption (not for resale, not for use in retail food…
Moreestablishments), with no more than $9,000 in gross sales in a calendar year.

Required on the label

Print word for word

NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION

  • Product nameCommon or usual name of the food (VDACS: "product name"; § 3.2-5123(A)(4)(a)).
  • Net quantityAccurate statement of the quantity of the contents in terms of weight, measure, or numerical count (§ 3.2-5123(A)(8)(iii)); VDACS: "net weight statement".
  • Date made"the date the food product was processed".
  • Business or producer nameName of the person preparing the food product.
  • AddressPhysical address or post office box number of the person preparing the food product.
  • Phone numberTelephone number of the person preparing the food product.

Depends on your product or how you sell

  • IngredientsWhen: The food is made from two or more ingredients (the statute text is conditional; VDACS's FAQ lists "list of ingredients and subingredients" among the standard labeling items without that qualifier).Common or usual name of each ingredient, with subingredients (VDACS).
  • Nutrition informationWhen: Federal nutrition-labeling requirements (FDCA section 403(q)) apply to the product; VDACS says "possibly nutritional information".Per the federal nutrition labeling requirements the statute incorporates.

The cottage food rules say nothing about allergens. That does not make them optional: general food labeling rules may still apply, and the label generator lets you add them.

Home-processed honey (Va. Code § 3.2-5130(C)(5))
Private home where the resident processes and prepares honey produced by his own hives, selling less than 250 gallons of honey annually and no other food products except those allowed under the low-risk and acidified-vegetable exemptions.
MorePure honey only (VDACS: no infused honey, hot honey, or other value-added honey products).

Required on the label

Print word for word

PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.

  • Product nameCommon or usual name of the food (VDACS: "product name"; § 3.2-5123(A)(4)(a)).
  • Net quantityAccurate statement of the quantity of the contents in terms of weight, measure, or numerical count (§ 3.2-5123(A)(8)(iii)); VDACS: "net weight statement".
  • Business or producer nameName and place of business of the manufacturer, packer, or distributor (§ 3.2-5123(A)(8)(i)); VDACS: "name and address of the manufacturer".
  • AddressPlace of business of the manufacturer (§ 3.2-5123(A)(8)(i)); VDACS: "name and address of the manufacturer".

Depends on your product or how you sell

  • IngredientsWhen: The food is made from two or more ingredients (the statute text is conditional; VDACS's FAQ lists "list of ingredients and subingredients" among the standard labeling items without that qualifier).Common or usual name of each ingredient, with subingredients (VDACS).
  • Nutrition informationWhen: Federal nutrition-labeling requirements (FDCA section 403(q)) apply to the product; VDACS says "possibly nutritional information".Per the federal nutrition labeling requirements the statute incorporates.

The cottage food rules say nothing about allergens, date made. That does not make them optional: general food labeling rules may still apply, and the label generator lets you add them.

Before your first sale

  • To do: Check every product and recipe against the allowed lists for your exemption.
  • To do: Verify your acidified vegetables have a finished equilibrium pH of 4.6 or lower.
  • To do: Print labels with your name, physical address or P.O. box, phone number, processing date, and the required warning statement.
  • To do: Track your gross sales if you sell acidified vegetables ($9,000 cap) or honey (250-gallon cap).
  • To do: Check city or county business license, zoning, and tax rules separately; the cottage food rules do not cover them.

Common questions

Can I sell online and ship?

Yes, for low-risk foods and acidified vegetables. The statute allows sales "through the internet, or by phone to an individual in the Commonwealth for his own consumption" and delivery "in person, by mail, or by delivery service to an individual in the Commonwealth for his own consumption" (Va. Code § 3.2-5130(C)(3)). An older VDACS FAQ from July 2024 said online sales were not allowed, but the statute now explicitly permits internet and phone sales. The updated July 2026 VDACS FAQ reflects this change.

Do I need a permit or license?

No. Exempt home food processing operations are exempt from the Food Safety Program's inspection, permit, and annual inspection fee requirements (VDACS FAQ). If you want to sell products not listed in the exemption, or sell beyond what is allowed, you need to apply for a permit from the VDACS Food Safety Program (VDACS FAQ).

Can I sell at a farmers' market?

Yes. Low-risk foods and acidified vegetables can be sold at any location to an individual in Virginia for their own consumption. Honey has no location restrictions. However, low-risk foods and acidified vegetables cannot be sold for resale, for consignment, for use or consumption in retail food establishments, to other businesses, or across state lines.

Can I use a shared or community kitchen?

No. All exempt products must be processed in the producer's own private home (VDACS FAQ). Using a shared kitchen, church kitchen, or community center would require a permit from the VDACS Food Safety Program instead of operating under the home food processing exemption.

Sources & further reading · 4

Prepared by StandScout. This guide is a starting point, not a substitute for advice about your specific business.

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