Nibbles & Bits
← All states
Cottage food laws · VA

Selling homemade food in Virginia

Virginia requires no permit and sets no cap for most home-kitchen foods (baked goods, jams, candy, dried goods), with narrower limits on acidified vegetables ($9,000/yr) and honey (250 gal/yr). As of July 1, 2026, HB 402 lets sellers take online and phone orders and deliver in person, by mail, or by delivery service - a major change from the old rule that limited the internet to advertising only. Sales must go to individuals in Virginia for their own use; no out-of-state shipping.

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 for baked goods, jams, candies, and dried goods. Acidified vegetables (relish/salsa/hot sauce) are capped at $9,000/year; the honey exemption is capped at 250 gallons/year.
Online sales
Allowed (see notes)

You can sell

  • Baked goods
  • Jams, jellies, preserves
  • Candy
  • Dried herbs & mixes
  • Snack foods
  • Acidified vegetables (up to $9,000/yr)
  • Honey (up to 250 gal/yr under the exemption)

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 and temporary events
  • Online orders (internet checkout) and phone orders
  • Delivery in person, by mail, or by delivery service to Virginia buyers

Selling online

As of July 1, 2026 (HB 402 / 2026 c. 605, amending Va. Code Sec. 3.2-5130), home-based food sellers may take orders over the internet or by phone and deliver in person, by mail, or by delivery service. The buyer must be an individual in Virginia purchasing for their own consumption (not resale) - no interstate shipping. The statute does not require an in-person hand-off for online orders, so mail or delivery-service drop-off is allowed. No permit or inspection is required.

What your labels must include

  • Producer name
  • Physical address or PO box
  • Phone number
  • Processing date
  • "NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATE INSPECTION" statement
  • Allergen disclosure