Cottage food rules
Cottage Food Laws in Virginia Beach: What to Know
A plain look at what Virginia asks of a home baker in Virginia Beach before you sell.
On this page
What to remember
- Food made at home for sale in Virginia is generally covered by the Virginia Food and Drink Law.
- Section 3.2-5130 allows certain low risk foods, acidified vegetables, and honey to be made from a private home without a VDACS inspection.
- That allowance comes with restrictions, so read the section before you print a single label.
- If an inspection finds no significant health hazards, a food business may operate until the permit arrives.
- VDACS is the state agency that administers these food laws and regulations.
If you bake in Virginia Beach and sell to neighbors, the rules you answer to come from the state, not from your neighborhood. That is good news in one way: you only have to learn one set of rules. It is less good in another: the rules were not written with a bundt cake in mind, so you have to read them closely and match them to what you actually make. If you want to see how Virginia sits next to other states, our cottage food laws by state guide is a calm place to start.
Which rules apply to your kitchen
VDACS administers a range of Virginia laws and regulations that protect consumers and businesses, and food is a large part of that. Food establishments, including private homes, that manufacture, process, pack, or hold food for sale are subject to the Virginia Food and Drink Law and the related regulations. Read that sentence again, because the words private homes are right there in it. Selling from your own oven does not put you outside the law. It puts you inside it.
In practice that means the starting assumption is that your kitchen is a food establishment. The question is not whether rules apply. The question is whether a specific section of the Code of Virginia gives your particular bakes a lighter path. That is what the next section is about.
What the home exemption covers
Section 3.2-5130 of the Code of Virginia allows certain low risk foods, acidified vegetables, and honey to be made from a private home without a VDACS inspection, with certain restrictions. Notice how specific that list is. It names categories rather than saying home food in general. It also says restrictions, which means the allowance is conditional rather than automatic.
Labels, permits, and the inspection step
Whatever path your kitchen takes, labels matter, because a label is the part of your business a customer reads before they taste anything. VDACS labeling guidance says ingredients must be listed in descending order of predominance by weight, with the most first and the least last. That is a simple habit to build now, while you have four products, rather than later when you have fourteen.
On the permit side, Section 3.2-5130 also covers what happens during the process. If an inspection finds no significant health hazards to the public, a food manufacturer, a food storage warehouse, or a retail food establishment may operate until receipt of the permit. That is worth knowing if you are waiting and worried that your Saturday orders have to stop.
Once the paperwork side is calm, the selling side is the fun part. If you are still deciding how to take orders and get paid without handing over a slice of every sale, our fair look at the home bakery app options walks through what each one actually costs you. Brevl is one flat $20 a month with no cut of your sales, a 14 day free trial, and card payments through your own Stripe or Square account alongside Venmo, Cash App, Zelle, and cash.
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Common questions
Do I need a VDACS inspection to sell cakes from my Virginia Beach kitchen?
Food establishments, including private homes, that make food for sale are subject to the Virginia Food and Drink Law and related regulations. Section 3.2-5130 allows certain low risk foods, acidified vegetables, and honey to be made from a private home without a VDACS inspection, with restrictions. Check whether your bakes fit that section before you rely on it.
What does low risk food mean for a home baker?
The Code of Virginia uses that phrase in Section 3.2-5130 when describing what may be made from a private home without inspection. The section itself sets out the categories and the restrictions, so read it directly rather than relying on a summary.
How should ingredients be listed on my labels?
VDACS labeling guidance says ingredients are listed in descending order of predominance by weight, most first and least last. Build your list that way from the start so your labels stay accurate as your recipes change.
Can I keep selling while I wait for a permit?
Under Section 3.2-5130, if an inspection finds no significant health hazards to the public, a food manufacturer, food storage warehouse, or retail food establishment may operate until receipt of the permit. Confirm your own situation with VDACS.
Who runs these rules in Virginia?
The Virginia Department of Agriculture and Consumer Services, known as VDACS, administers a variety of Virginia laws and regulations that protect consumers and businesses, including food safety rules.
Sources
This is general information, not legal advice. Rules change and your situation may differ. Confirm with VDACS or a Virginia attorney before you rely on any of it for your own baking business.