Virginia Cottage Laws – The Cottage Law Kitchen

Your complete guide to legally selling homemade baked goods from your Virginia kitchen

Dreaming of turning your love for baking into a profitable venture? If you're in Virginia, you're in for some good news and some not-so-good news. While Virginia does allow home baking businesses through its cottage food laws, the rules are quite different from some other states. Don't worry though – we'll break down everything you need to know in simple, easy-to-understand terms.

Virginia's Approach: Two Different Paths

Virginia is unique because it offers two different ways to sell homemade food, each with its own rules and restrictions:

Path 1: Home Kitchen Food Processing Exemptions (The Simpler Route)

This is what most people think of as “cottage food law.” It's easier to start but has more limitations on what and where you can sell.

Path 2: Home Food Processing Operation (The Complex Route)

This option allows more freedom in where you sell but comes with significant paperwork, inspections, and regulations.

For beginners, Path 1 is usually the way to go, so that's what we'll focus on in this guide.

The Good News: What You DON'T Need

Under Virginia's Home Kitchen Food Processing Exemptions, you do NOT need:

✅ A cottage food license
✅ Kitchen inspections
✅ Food handler's permits
✅ The annual $40 inspection fee

This means you can start right away without waiting for government approvals!

What Can You Make and Sell?

Virginia allows you to make foods that don't need refrigeration to stay safe. Here's what's approved:

Low-Risk Foods (No Sales Limit)

Baked goods that don't require refrigeration (cookies, breads, muffins, cakes without dairy frosting)
Candies and confections
Jams and jellies (not low-acid varieties)
Dried fruits and herbs
Nuts (coated and uncoated)
Vinegars and flavored vinegars
Popcorn and popcorn balls
Cotton candy
Dried pasta
Dry baking mixes
Roasted coffee and dried tea
Cereals, trail mixes, and granola

Special Categories with Limits

Pickles and Acidified Vegetables (up to $9,000 per year maximum)

Must have a pH of 4.6 or lower
Includes pickles, salsa, relishes
Requires pH testing with electronic meter

Pure Honey (up to 250 gallons per year)

Only if you process honey from your own hives
Must be pure honey (no infused products allowed)
Special labeling required

What You CAN'T Make

Fresh dairy products
Meat or poultry products
Seafood
Fresh salads or sandwiches
Baked goods requiring refrigeration (cream pies, dairy-based frostings)
Canned low-acid foods

Where Can You Sell?

This is where Virginia gets restrictive compared to other states. You can only sell at three places:

Approved Selling Locations

From your home – Direct sales to customers who come to you
Farmers markets – Direct sales to individual consumers
Temporary events – Events lasting no more than 14 consecutive days

Where You CANNOT Sell

❌ Grocery stores or retail shops
❌ Restaurants or cafes
❌ Online (no e-commerce allowed)
❌ Shipping or mailing products
❌ To other businesses for resale
❌ Across state lines

The Online Marketing Rule (Important!)

Here's something that confuses many people: you can advertise online but cannot sell online.

What You CAN Do Online

✅ Post photos and descriptions of your products ✅ Share your story and business information ✅ List prices and contact information ✅ Announce farmers market dates and locations ✅ Use social media for marketing

What You CANNOT Do Online

❌ Take orders through your website ❌ Accept payments electronically for online orders ❌ Offer shipping options ❌ Have an “Add to Cart” button

Bottom line: Think of your online presence as a digital business card and marketing tool, not a store.

Labeling Requirements

Every product must have a label with specific information:

Required on Every Label

Your name, physical address, and phone number
Date the product was made
The exact statement: “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”
Product name and ingredients list
Net weight

Special Labels for Specific Products

Honey: Must include “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.”

Small Products Exception

If your product is too small for a readable label (like individual cookies), you can post a sign where you're selling instead of labeling each item.

Getting Started: The Business Side

While you don't need state permits, you likely need these:

Local Requirements (Check with Your City/County)

Business license – Usually required, varies by location
Zoning approval – Make sure home businesses are allowed in your area

Tax Requirements

Sales tax permit – Required for collecting Virginia sales tax
Federal tax ID (EIN) – Needed for business tax reporting
Income reporting – All earnings must be reported on your taxes

Smart Business Moves

Liability insurance – Protects you if someone gets sick
Business bank account – Keeps personal and business finances separate

Safety Tips (Even Though Not Required)

While Virginia doesn't require food safety training, being smart about safety protects both you and your customers:

Kitchen Hygiene Basics

Keep your kitchen clean and organized
Wash hands frequently
Use clean utensils and equipment
Store ingredients properly
Label everything with dates

pH Testing for Pickles

If you're making pickles or acidified vegetables, you must test pH levels. The pH must be 4.6 or lower, and you need an electronic pH meter (about $100) – paper strips aren't accurate enough.

How Much Can You Earn?

No Limits on Most Products

For regular cottage foods (baked goods, candies, etc.), there is no limit to how much a home-based vendor can sell in Virginia.

Limits on Special Products

Pickles/acidified foods: $9,000 maximum per year
Honey: 250 gallons maximum per year

Common Beginner Mistakes to Avoid

Trying to sell online – Remember, you can only advertise online, not sell
Skipping local business licenses – Check with your city/county first
Improper labeling – The “not inspected” statement is required by law
Selling prohibited items – Stick to the approved food list
Not keeping sales records – You'll need these for taxes

Farmers Market Considerations

Many cottage food operators start at farmers markets, but be aware:

Each market may have its own additional requirements
Some markets require a temporary food establishment license ($40)
This license requires a kitchen inspection
The license is only valid for up to 14 consecutive days

The Reality Check

Virginia's cottage food laws are more restrictive than many states. You can't sell online, ship products, or sell through retail stores. However, this doesn't mean you can't build a successful business! Many Virginia bakers thrive by:

Building a loyal local customer base
Focusing on farmers markets and local events
Using social media effectively for marketing
Creating specialty or custom products
Building relationships with customers who come to their homes

Getting Help and More Information

Official Resources

Virginia Department of Agriculture and Consumer Services (VDACS)
Phone: 804-786-3520
Email: foodsafety@vdacs.virginia.gov
Regional contacts available for different parts of Virginia

Key Documents to Read

Virginia Code Section 3.2-5130
VDACS Home Kitchen Food Processing Exemptions FAQ

Ready to Start Baking for Profit?

Virginia's cottage food laws may seem complicated at first, but they're actually quite straightforward once you understand the basics. Remember:

Start simple with basic baked goods
Check local requirements for business licenses
Focus on direct sales at farmers markets and from home
Label everything correctly
Keep good records for taxes

The key to success isn't just following the laws – it's creating delicious products that people want to buy again and again. Focus on quality, build relationships with your customers, and use social media to showcase your amazing baked goods.

While you can't ship nationwide or sell through Amazon, you can absolutely build a thriving local business that brings joy to your community and income to your family. Many successful Virginia cottage food operators have turned their kitchen tables into profitable ventures by understanding the rules and working within them creatively.

Remember: Laws can change, so always double-check current requirements with VDACS before starting your business. But don't let the learning curve stop you – with the right knowledge and great recipes, your cottage food dreams can become reality in Virginia!

Happy baking, and here's to your sweet success!