Virginia Cottage Food Labels: What Your Label Needs

On this page

1. What has to be on the label
2. Where the rules come from
3. Common label mistakes

If you sell bakes from home, the label is part of the sale. Start with Virginia cottage food law exemption to see what the exemption covers, then use the label list below before you print. If your bakes include buttercream, Virginia cottage food laws and buttercream covers what can go in the bowl.

What has to be on the label

VDACS lists the pieces every packaged food label needs: the statement of identity, ingredients, allergens, net content, business name and address, and a Nutrition Facts panel if it applies. Use that list as your checklist before you print.

1. 1

   Statement of identity

   Put the statement of identity on the label.

2. 2

   Ingredients

   List ingredients in descending order by weight, most first and least last.

3. 3

   Sub-ingredients

   Break ingredients down to the smallest sub-ingredients.

4. 4

   Allergens

   Include the allergen information listed for your food.

5. 5

   Net content

   Include the net content on the label.

6. 6

   Business name and address

   Put your business name and address on the label.

7. 7

   Nutrition Facts if it applies

   Add a Nutrition Facts panel when it applies.

A label is easier to get right when the recipe is fixed. Write the ingredients once, weigh them, and keep the list with the recipe. That way the label and the bake stay in step.

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 restrictions. VDACS also says 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. Under 12VAC5-421-900, food packaged in a food establishment must be labeled in accordance with all applicable laws and regulations, including 21 CFR Part 101 and 9 CFR Part 317.

That is why the label question is not only about the cottage food exemption. The exemption is about inspection for certain foods. The label rules come from the packaged food labeling requirements VDACS lists and the Virginia Administrative Code.

Common label mistakes

Before you print a batch of labels, read the full list on the VDACS pages in the sources below. If you sell buttercream, check the buttercream guide again because the recipe and the label need to match.

Common questions

Do I need a label if I sell from my home under the cottage food exemption?

The exemption in Section 3.2-5130 lets certain low risk foods, acidified vegetables, and honey be made from a private home without VDACS inspection, with restrictions. The VDACS labeling page still lists the pieces every packaged food label needs.

What order do ingredients go in?

Descending order by weight, most first and least last. Break ingredients down to the smallest sub-ingredients.

Do I need a Nutrition Facts panel?

VDACS lists a Nutrition Facts panel as required if it applies. Check the VDACS basic food labeling page for your food.

Where does my business name and address go?

On the label. VDACS lists business name and address as one of the required label pieces.

Does a home kitchen count as a food establishment?

Under the Virginia Food and Drink Law, food establishments including private homes that manufacture, process, pack, or hold food for sale are subject to the law and related regulations.

What if my filling has its own ingredients?

Break them out. Ingredients must be listed down to the smallest sub-ingredients.

Sources

1. Virginia Basic Food Labeling
2. Virginia Food Labeling
3. Virginia Kitchen Bill FAQ
4. Virginia Food and Drink Law: Food Establishments
5. 12VAC5-421-900

General information, not legal advice. Label rules can change. Check with VDACS or a Virginia lawyer for your situation.