Cottage food rules
Home Bakery License in Virginia: What You Need
A clear look at Virginia's home kitchen rules so you know what applies before you sell.
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What to remember
- The exemption covers a wide list of shelf-stable foods and does not require a permit, inspection, or fee.
- Acidified vegetables and honey are named in Section 3.2-5130, with restrictions.
- Foods outside the exemption fall under the Virginia Food and Drink Law and related rules.
- A private home used for a food operation may need its kitchen, food processing, and storage areas inspected before start.
The place to start is the food itself. Virginia’s Home Kitchen Food Processing Exemption lets home bakers make a wide list of shelf-stable foods and sell them without a permit, inspection, or fee. For the online side of setting up, see Home Bakery License in Virginia: What You Need Online.
What the Virginia exemption covers
The Home Kitchen Food Processing Exemption lets home bakers make a wide list of shelf-stable foods in their home kitchen and sell them without a permit, inspection, or fee. 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 VDACS inspection, with restrictions. Another summary of the same rules describes the covered foods as low-risk, non-perishable foods. If your bakes are shelf-stable and fit the list, you are not working through a permit or inspection process for those foods.
When the food laws apply
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. That matters when your food does not fit the home kitchen exemption. Section 3.2-5130 also requires that kitchen, food processing, and storage areas be inspected prior to starting a home food operation. If you are outside the exemption, plan for that inspection step before you take orders.
What to do before you sell
Check the food against the exemption
Confirm that your bakes are on the wide list of shelf-stable foods covered by Virginia’s Home Kitchen Food Processing Exemption.
Read the restrictions
If you make acidified vegetables or honey, review the restrictions in Section 3.2-5130 before you sell.
Know when the food laws apply
If your food does not fit the exemption, treat your private home food operation as subject to the Virginia Food and Drink Law and related regulations.
Plan for inspection if needed
Section 3.2-5130 requires kitchen, food processing, and storage areas to be inspected before starting a home food operation.
If you are still comparing states or want to see how another set of home bakery rules works, Home Bakery License in North Carolina: What You Need is a useful read. The main point for Virginia is simple: the exemption can remove the permit, inspection, and fee for covered foods, but it does not cover every food or remove the restrictions.
What to keep in mind as you sell
When your food fits the exemption, you can focus on the baking and the selling rather than a permit file. That means a clean way to take orders and a clear record of what you sold. If you want a fair look at options for home bakers, Home Bakery App: A Fair Roundup for Home Bakers can help you compare.
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Common questions
Do I need a license to sell baked goods from my home in Virginia?
For foods covered by Virginia's Home Kitchen Food Processing Exemption, you can make and sell a wide list of shelf-stable foods without a permit, inspection, or fee. Foods outside the exemption are subject to the Virginia Food and Drink Law and related regulations.
Does the exemption cover every baked good?
No. It covers a wide list of shelf-stable foods, and Section 3.2-5130 names certain low-risk foods, acidified vegetables, and honey with restrictions. Check your specific food against the exemption.
Is there a fee for the Virginia home kitchen exemption?
The exemption lets home bakers sell covered shelf-stable foods without a permit, inspection, or fee.
What if my food does not fit the exemption?
A private home that manufactures, processes, packs, or holds food for sale is subject to the Virginia Food and Drink Law and related regulations. Section 3.2-5130 requires kitchen, food processing, and storage areas to be inspected before starting a home food operation.
Do I need VDACS inspection?
Covered foods can be made from a private home without VDACS inspection under Section 3.2-5130, with restrictions. If your operation is outside the exemption, the inspection requirement for kitchen, food processing, and storage areas applies before you start.
Sources
This is general information, not legal advice. Confirm your situation with VDACS before you sell.