Cottage food rules
Cottage Food Laws in Chesapeake, VA: What to Know
Know what Virginia's home kitchen exemption lets you bake and sell in Chesapeake, and when to check with VDACS.
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What to remember
- Virginia’s home kitchen exemption covers a wide list of shelf-stable foods, including baked goods and jams.
- You can sell those foods directly without a permit, inspection, or fee when you stay inside the exemption.
- Certain low-risk foods, acidified vegetables, and honey can be made in a private home without VDACS inspection, with certain restrictions.
- Foods outside the shelf-stable list do not fit the home kitchen exemption.
- If you operate as a food establishment, you need inspection and a permit first.
The rules for a home baker in Chesapeake come from Virginia’s cottage food law. Start with the home kitchen exemption, then read the wider guide to cottage food laws and regulations so you know how the pieces fit together.
What the home kitchen exemption covers
Virginia allows home bakers to make a wide list of shelf-stable foods in a home kitchen and sell them without a permit, inspection, or fee under the home kitchen exemption. Section 3.2-5130 of the Code of Virginia names certain low-risk foods, acidified vegetables, and honey as foods that can be made in a private home without VDACS inspection, with certain restrictions. For a Chesapeake baker, baked goods and jams are the familiar examples that fit the cottage food rules.
When you need a permit instead
The exemption is not a blanket pass for every home food business. Food establishments, including private homes, that manufacture, process, pack, or hold food for sale are subject to the Virginia Food and Drink Law and related regulations. It is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until the operation has been inspected and issued a permit. If your baking goes beyond the home kitchen exemption, treat it as a permitted food business, not a cottage food operation.
What to check before you sell
Before you take an order in Chesapeake, confirm that every item on your menu is allowed under Virginia’s home kitchen exemption. Keep a simple list of what you make and how you make it. If a food is not clearly covered, ask VDACS before you sell it. The cost of guessing can put you outside the exemption.
Keep records that match your rules
Keep records for your own books and for cottage food laws and taxes. If you sell in more than one place or expand your menu, read cottage food laws by state before you assume the Virginia rules travel with you.
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Common questions
Do I need a permit to sell baked goods from my home in Chesapeake?
Under Virginia's home kitchen exemption, home bakers can make a wide list of shelf-stable foods, including baked goods, and sell them directly without a permit, inspection, or fee. Stay inside the exemption. If you operate as a food establishment, you need inspection and a permit.
Can I sell jams and honey?
Virginia's cottage food rules name baked goods and jams as examples of non-hazardous foods for direct sale. The state law also allows certain low-risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, with certain restrictions. Check the restrictions before you sell.
Does Chesapeake have its own cottage food permit?
The cottage food rules described here come from Virginia law. VDACS is the state agency named in the food establishment rules. If you are unsure whether your Chesapeake kitchen qualifies, ask VDACS before you sell.
What foods do not fit the exemption?
Foods outside the shelf-stable list do not fit the home kitchen exemption. A private home that manufactures, processes, packs, or holds food for sale can be a food establishment, and a food establishment needs inspection and a permit before it operates.
What should I do before my first sale?
Confirm that every item on your menu is allowed under Virginia's home kitchen exemption. Keep a simple record of what you make and how you make it. If a food is not clearly covered, ask VDACS before you sell it.
Sources
General information, not legal or tax advice. Rules can change. Confirm the current requirements with VDACS before you sell.