Cottage food rules
Does Virginia Have Cottage Food Laws? What You Can Sell
What a Virginia home baker can sell from her own kitchen, and the paperwork she can skip.
On this page
What to remember
- No permit, no inspection, and no fee under the Home Food Processing exemption.
- Baked goods, jams, jellies, candies, and dried foods can be made in a private home kitchen.
- Virginia sets no dollar limit on cottage food sales.
- Foods are sold directly to the end consumer.
- The exemption covers certain low-risk foods, acidified vegetables, and honey, with restrictions.
If you have been putting off selling your bakes because you assumed you needed a commercial kitchen, this is the part to read twice. The rules that cover a home baker in Virginia are not the same as the rules for a restaurant. If you sell across a state line, check the other state first, for example Maryland or Pennsylvania.
What you can make and sell from your kitchen
Section § 3.2-5130 of the Code of Virginia allows certain low-risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, with certain restrictions. The same section lets an operator produce non-perishable foods such as baked goods, jams, jellies, candies, and dried foods in a private home kitchen and sell them directly to the end consumer.
Honey and acidified vegetables sit in the same section of the code. If you sell a friend’s honey alongside your bread, or put up pickled vegetables in season, those products come under the same exemption with their own conditions, so read the restrictions for each one.
No permit, no inspection, no fee, and no sales cap
For a home baker the headline is simple. You do not need a permit, an inspection, or a fee to work under the Home Food Processing exemption. Virginia also sets no dollar limit on cottage food sales, so what limits you is your kitchen and your available time rather than a number written into law.
That combination is worth saying plainly, because a lot of home bakers assume paperwork is unavoidable. In Virginia, under this exemption, it is not.
Where the exemption stops
The exemption is not a blanket pass for any food business run from a home. 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. Chapter 51 of the Code of Virginia covers food and drink, including § 3.2-5130 on the inspections required to operate a food establishment.
None of this means you need a commercial kitchen tomorrow. It means the list of foods you sell is the line that matters, and it is worth knowing exactly where that line sits before you print a menu.
Before you take your first order
Read the VDACS kitchen bill FAQ
It sets out the conditions that come with the exemption for low-risk foods, acidified vegetables, and honey.
Match your menu to the list
Baked goods, jams, jellies, candies, and dried foods are the core of what a home baker can make and sell directly to the end consumer.
Ask before you add something new
If a product is perishable or not clearly covered, check with VDACS before you sell it.
Every state draws these lines in its own place. If you sell near a border, read how North Carolina and Texas handle home bakers.
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Common questions
Do I need a permit to sell baked goods from my home in Virginia?
No. Under the Home Food Processing exemption, home bakers can make a wide list of shelf-stable foods and sell them without a permit, an inspection, or a fee.
Is there a sales limit on Virginia cottage food sales?
Virginia sets no dollar limit on cottage food sales. What limits you is your kitchen and the time you have, not a cap in the law.
What foods can I sell?
Non-perishable foods such as baked goods, jams, jellies, candies, and dried foods can be made in a private home kitchen and sold directly to the end consumer. Certain low-risk foods, acidified vegetables, and honey are covered too, with restrictions.
Who do I sell to?
Sales under the exemption are made directly to the end consumer, the person who eats what you bake.
Can I sell anything I want from my home kitchen?
No. 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, so confirm anything perishable or unclear with VDACS first.
Sources
This is general information, not legal advice. Rules can change, so confirm the details with VDACS before you sell.