Cottage food rules
Virginia Cottage Food Label Requirements: What to Print
The five things every Virginia label needs, and how to write each one.
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What to remember
- Labeling is mandatory for all packaged foods in Virginia.
- Five basics go on every label: what it is, what is in it, the allergens, how much is inside, and who made it.
- Ingredients go in descending order of predominance by weight, the heaviest first and the lightest last.
- Ingredients must be broken down to the smallest sub-ingredients, and artificial colors, artificial flavors, and chemical preservatives must be declared.
- Virginia law lets certain low-risk foods, acidified vegetables, and honey be made from a private home without VDACS inspection, with restrictions.
If you have been handing over banana bread in a paper bag with a sticky note, this is the part of going legal that feels fiddly. It is also the part a customer reads when she is deciding whether to trust you with a birthday cake. Start by knowing where you stand in your own state with research your state’s cottage food laws, then come back here and build the label.
What goes on a Virginia cottage food label
The state’s basic food labeling sheet lists the pieces a packaged food has to carry. The first is the statement of identity, which is the common name of the food. Then the ingredient list. Then the allergens. Then the net content, which is how much is in the package. Then your business name and address. A Nutrition Facts panel goes on as well if it applies to what you make. If your bake contains two or more ingredients, the label has to show a list of ingredients and subingredients in descending order by weight.
Name the food plainly
Start with the statement of identity, the common name a shopper would look for. A jar of peach preserves says peach preserves.
List ingredients by weight
Write every ingredient from most to least by weight in the batch. The one that weighs the most goes first, the smallest last.
Break out the sub-ingredients
If an ingredient is itself a mix, list what is inside it right after it so nothing is hidden.
Declare the allergens
Your label needs an allergen declaration, so someone reading it can see what is in the bake at a glance.
State the net content
Give the weight or the count inside the package, such as 12 oz or 6 cookies.
Add your business name and address
Put the name you sell under and an address where you can be reached.
Add Nutrition Facts if it applies
A Nutrition Facts panel goes on the label where it applies. If you are unsure whether your bakes need one, ask VDACS before you print a run of labels.
Getting the ingredient list right
This is where most home bakers slip. The order is not the order you added things to the bowl, and it is not the order of the biggest scoop. It is descending order of predominance by weight, and it has to be broken down to the smallest sub-ingredients. Virginia’s food labeling rules also require a declaration of artificial colors, artificial flavors, and chemical preservatives when they are in the food. For a closer look at how the same label rules play out somewhere else, see Oregon cottage food label requirements.
Where the rules come from
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 certain restrictions. Separately, food establishments, including private homes, that manufacture, process, pack, or hold food for sale are subject to the Virginia Food and Drink Law and its related regulations. That is why the label matters: it is how a packaged food sold from your kitchen is identified and traced. If you want a sense of how Virginia’s setup compares with others, read states with the best cottage food laws.
Before your next market or porch pickup, take one package of each thing you sell and read the label out loud. If you cannot find the statement of identity, the ingredients in order, the allergens, the net content, and your name and address, fix it before that box leaves your kitchen.
Common questions
Do I have to label everything I bake in Virginia?
Labeling is mandatory for all packaged foods in Virginia. If you wrap it and sell it, the label rules apply to it.
What are the five things my label must show?
The statement of identity, the ingredient list, the allergens, the net content, and your business name and address. A Nutrition Facts panel is added where it applies.
How do I order the ingredients?
In descending order of predominance by weight, the most first and the least last, broken down to the smallest sub-ingredients.
Do I have to name artificial colors and flavors?
Yes. Virginia's labeling regulations require a declaration of artificial colors, artificial flavors, and chemical preservatives when they are present.
Does a home kitchen need a VDACS inspection?
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 certain restrictions. Check your specific foods before you assume you are covered.
Does the Virginia Food and Drink Law apply to my home kitchen?
Food establishments, including private homes, that manufacture, process, pack, or hold food for sale are subject to the Virginia Food and Drink Law and its related regulations.
Sources
General information, not legal advice. Food labeling rules can change, so confirm the current requirements with VDACS or a Virginia lawyer before you print labels to sell.