Cottage food rules
Virginia Cottage Food Law Exemption: What You Can Sell
Know what Virginia's home kitchen exemption lets you bake and sell, and what it never covers.
On this page
What to remember
- Virginia’s exemption lives in Code of Virginia section 3.2-5130.
- Low risk, shelf stable foods and honey can be made at home without a VDACS inspection.
- No permit, registration, or fee is required for the exempt foods.
- Perishable foods and anything outside the list are not covered.
If you bake from your kitchen and sell at markets, to neighbors, or by word of mouth, this exemption is the rule that decides whether you can do it. Read it before you print a single label, and compare your situation with a guide like Pennsylvania cottage food laws for home bakers if you also sell across a state line.
What the exemption actually says
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. In practice, that means the law draws a line between foods that keep on a shelf and foods that do not.
It helps to know the general backdrop. 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. The home kitchen exemption is the narrow doorway out of that general rule, and it only opens for the foods the law lists.
What you can sell without a permit
Virginia lets home bakers make a wide list of shelf stable foods in their home kitchen and sell them without a permit, inspection, or fee under the home kitchen exemption. That is the practical shape of it for a baker: breads, cookies, and similar bakes that sit safely at room temperature.
Honey and acidified vegetables are named in the law as covered, which is useful if you sell more than bakes. If your table includes both, keep your labels clear about what is what. A state label guide such as Tennessee cottage food labels: what the law says is a good reminder of how much detail a label can carry.
No card, no certificate, no fee
Virginia’s home kitchen food processing exemption under Code of Virginia section 3.2-5130 does not require a food handler card, food safety certificate, registration, or fee. That is one less cost before your first sale, and one less thing to renew each year.
It is still worth running a clean kitchen and keeping simple records of what you made and when. Not because the exemption demands a certificate, but because buyers ask, and because a steady record makes your pricing and planning easier. Our guide to pricing your bakes pairs well with that habit.
Where home bakers get caught out
The most common mistake is assuming the exemption follows the baker rather than the food. It does not. A cream filled cake and a loaf of sourdough are treated differently even though the same person made both in the same kitchen.
The second is selling across state lines without checking the other state’s rules. If you live near a border and take orders from the next state over, read that state’s guide too, the way Vermont cottage food laws lays out its own list.
Work out what your bakes really cost
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Common questions
Do I need a permit to sell baked goods from my Virginia home kitchen?
For the low risk, shelf stable foods covered by the home kitchen exemption, no permit, inspection, or fee is required. Foods outside that list fall under the general food establishment rules instead.
Do I need a food handler card in Virginia?
No. Virginia's home kitchen food processing exemption under Code of Virginia section 3.2-5130 does not require a food handler card or a food safety certificate.
Does the exemption cover honey?
Yes. Honey is named in section 3.2-5130 alongside certain low risk foods and acidified vegetables, subject to the restrictions in the law.
What changed in 2024?
The exemption was expanded by HB 759, sometimes called the cake pop bill. Because the list can change, check the current text of Va. Code 3.2-5130(C) before you add a new product.
Can I sell anything I bake?
No. The exemption covers specific low risk foods. Anything that needs refrigeration or sits outside the listed foods is subject to the Virginia Food and Drink Law and related regulations.
Sources
This is general information about a state law, not legal advice. Rules change, so confirm the current text of Va. Code 3.2-5130 and check with VDACS or a lawyer before you rely on it for your business.