Cottage food rules
Cottage Food Laws in Virginia: What Home Bakers Need
What Virginia's cottage food law covers, what it leaves out, and what to confirm before you sell.
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What to remember
- The exemption is Section 3.2-5130 of the Code of Virginia.
- It covers a list of low risk foods, plus acidified vegetables and honey, made in a private home.
- Foods on that list do not need time or temperature control for safety after preparation.
- There is no dollar cap on cottage food sales in Virginia.
- Anything outside the list is a food establishment under the Virginia Food and Drink Law.
If you sell cakes, cookies, or bread from your kitchen, this one section decides how you operate. The useful way to read it is item by item: write down what you actually sell, then check each thing against the exemption instead of assuming your whole menu is covered. If you are still working out whether you need paperwork at all, start with how to get a permit to sell baked goods from home.
What the exemption covers
The exemption is a list, not a general permission to sell food from home. Section 3.2-5130 names certain low risk foods, acidified vegetables, and honey, and it allows those to be made from a private home without a VDACS inspection, with certain restrictions. The test that matters most for a baker is the next one: the cottage food law exemption only allows a list of low risk foods that do not require time or temperature control for safety after preparation. A bake that has to stay cold or be kept hot to be safe is a different conversation.
Honey and acidified vegetables are named in the same section as the low risk foods, so a jar of honey on the same table as your bread is addressed by the same part of the Code rather than by a separate permission. That is convenient if you sell a mixed table, but it does not widen what your bakes can be.
When your bake falls outside the exemption
If what you want to sell is not on the list, the exemption does not apply to it, and your home is treated as a food establishment. VDACS states that 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 is the point to stop guessing and ask, because the answer changes what you can sell and how you set up your kitchen. Do I need a license to sell baked goods from home walks through the questions to ask.
No sales cap, so plan for the real ceiling
Virginia sets no dollar limit on cottage food sales. That sounds like an open door, and in a way it is, but the ceiling on growth is your own kitchen and time rather than a statutory cap. That changes what you plan for: oven space, fridge space, how many bake days fit into a week, and how far ahead you bake before an order is due. Cottage food law: do you bake ahead or later is a good next read on timing.
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Before your next market or batch of orders, do three things: write down every item you sell, confirm each one against Section 3.2-5130, and note where you found the answer so you can get back to it next season. Rules get updated, so last year’s reading is not a guarantee for this year. If you sell near a state line, or you are comparing rules where family lives, the North Carolina cottage food laws guide shows how a neighboring state handles the same questions.
Common questions
Do I need a VDACS inspection to sell baked goods from my home in Virginia?
Section 3.2-5130 allows certain low risk foods, acidified vegetables, and honey to be made from a private home without a VDACS inspection, with certain restrictions. If what you sell is not on that list, your home is treated as a food establishment under the Virginia Food and Drink Law. Confirm your specific items with VDACS before you sell.
Is there a sales limit under Virginia's cottage food law?
No. Virginia sets no dollar limit on cottage food sales, so what limits you is your kitchen and your time rather than a statutory cap.
Can I sell anything I bake?
No. The exemption only allows a list of low risk foods that do not require time or temperature control for safety after preparation. Anything outside that list is not covered by the exemption.
Does the exemption cover honey and acidified vegetables?
Yes. Section 3.2-5130 names certain low risk foods, acidified vegetables, and honey as things that can be made from a private home without a VDACS inspection, with certain restrictions.
Where should I confirm my own products?
Start with the VDACS kitchen bill FAQ and the Virginia Food and Drink Law page, then ask VDACS directly about the items you plan to sell. Rules change, so confirm before each season rather than once.
Sources
This is general information about Virginia's cottage food law, not legal, tax, or food safety advice. Confirm your own products and setup with VDACS before you sell.