Cottage food laws · VA

Selling homemade food in Virginia

Virginia has no permit and no sales cap for home-based food production, but online sales are in flux: for years you could only advertise online and had to take orders by phone or text, and a new law (HB 402) just started allowing actual online checkout and delivery in mid-2026. Check with VDACS for the latest before setting up a webstore.

Program

Virginia Home Kitchen Food Processing Exemption

Registration

No permit required for exempt home kitchen production of non-hazardous foods

Annual sales cap

No statewide cap

Online sales

Allowed (see notes)

You can sell

Baked goods
Jams, jellies, preserves
Candy
Dried herbs & mixes
Snack foods

You can't sell

Potentially hazardous foods needing refrigeration
Meat and poultry products
Low-acid canned vegetables

Where you can sell

Direct to consumer
Farmers markets
Phone/text/email order-taking with in-person handoff
Online checkout (newly allowed starting July 2026 under HB 402)

Selling online

Historically Virginia allowed advertising online but banned actually 'offering for sale' on the internet (no shopping carts or checkout) - orders had to come by phone, text, or in person. HB 402 changes this starting July 1, 2026 to permit online transactions and delivery, but details of the new rules are still emerging - confirm current requirements with VDACS before relying on this.

What your labels must include

Producer name & address
"This product is homemade and produced in a kitchen not subject to state inspection" statement
Ingredient list
Allergen disclosure
Net weight