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Cottage food laws · WV
Selling homemade food in West Virginia
West Virginia needs no license, no inspection, and no cap for standard shelf-stable homemade foods. SB 44, effective June 12, 2026, adds a new WVDA permit category for riskier items like fermented, pickled, and other potentially hazardous foods, requiring a kitchen inspection, training, and (if not on municipal water) water testing. Grade A dairy and meat/poultry remain prohibited either way.
Program
West Virginia Cottage Food Law
Registration
No permit, inspection, or licensing fee for standard non-potentially-hazardous cottage foods. SB 44 (passed 2025, effective June 12, 2026) added a Potentially Hazardous Cottage Food vendor permit through the WV Dept. of Agriculture (WVDA) for acidified/pickled/fermented foods, cut produce, and other time/temperature-controlled items - this expanded category requires a WVDA kitchen inspection, permit, food-safety/label-review training, and water testing if not on a municipal water source
Annual sales cap
No statewide sales cap
Online sales
Allowed (see notes)
You can sell
- Baked goods
- Jams, jellies, preserves
- Candy
- Dried herbs & mixes
- Canned acidified foods, pickled products, salsas, fermented products, cut produce, and other 'potentially hazardous' items (permit required as of June 12, 2026)
You can't sell
- Raw meat and poultry products
- Grade A dairy products
- Refrigerated perishable foods without the expanded WVDA permit
Where you can sell
- Direct to consumer
- Farmers markets
- Online with in-state delivery/pickup
Selling online
Online sales are allowed for in-state delivery or pickup; state law does not permit sales outside the boundaries of West Virginia, so no interstate/out-of-state shipping
What your labels must include
- Producer name & address
- "This product was made in a home kitchen and is not regulated or inspected" statement
- Ingredient list
- Allergen disclosure
- Net weight