Can I sell food from home in Virginia?

Q: Can I sell food from home in Virginia?

Yes. Virginia lets you make certain foods at home and sell them, under the Private home food processing exemption (VDACS). No state permit, license or registration is needed (training, a food handler card or local rules may still apply; see below). There is no state sales cap. Last checked 2026-10-24. Not legal advice.

AllowedOnline ordersShips in-stateNo store sales

Yes. Virginia lets you make certain foods at home and sell them, under the Private home food processing exemption (VDACS). No state permit, license or registration is needed (training, a food handler card or local rules may still apply; see below). There is no state sales cap.

Not legal advice. This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.

Virginia cottage food law at a glance

Home food sales allowed	yes Private home food processing exemption (VDACS)
Law	Va. Code 3.2-5130(C)(3)-(5)
Sales cap	No cap for C.3 shelf-stable foods; $9,000/yr gross for acidified pickles/vegetables (C.4); honey under 250 gallons/yr (C.5)
Permit or registration	none. Exempt from VDACS inspection, permit and the $40 annual inspection fee when the conditions are met. No training requirement in statute. Producers wanting broader sales (wholesale, other businesses, out of state) or other foods need a VDACS permit and inspection.
Sell in person	yes
Take online orders	yes
Ship within the state	yes
Ship to other states	no
Sell to shops and cafes	no
Where you can sell, details	May sell at any location, online or by phone to an individual in Virginia for personal consumption (not resale or consignment); delivery in person, by mail or delivery service in-state. Not for use in or sale to retail food establishments. Statute limits sales to individuals in the Commonwealth.

yes = allowed; limited = allowed with conditions; no = not allowed; unverified = we could not confirm it from an official source.

What foods can you sell from home in Virginia?

Allowed: Shelf-stable foods not needing time/temperature control: candies, jams and jellies (not low-acid/acidified), dried fruits, dry herbs/seasonings/mixes, nuts, vinegars, popcorn, cotton candy, dried pasta, baking mixes, roasted coffee, dried tea, cereals, trail mix, granola, baked goods. Pickles/acidified vegetables (pH 4.6 or below) under $9,000 cap; honey.

Not allowed: Foods requiring time/temperature control after preparation (e.g., cream/custard items, meat, dairy); low-acid canned foods; acidified foods beyond the pickle exemption.

Label requirements in Virginia

Required statement: NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION exact wording from an official source

Other label items: Label on principal display panel with preparer's name, physical address or PO box, telephone number, and processing date (sign at point of sale if package too small). VDACS adds that standard labeling also applies: product name, net weight, manufacturer name and address, ingredients and sub-ingredients, and possibly nutrition information. Honey label instead: 'PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.'

Selling from home in Virginia? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels with Virginia's required statement filled in. It also has this guide for all 50 states and DC. One-time price, and it works offline.

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Notes

Statute history lists amendments in 2022 (c.204), 2024 (c.131) and 2026 (c.605). Round 2 (2026-10-24): the current Code text was re-read. Under C.3 and C.4, products may be sold 'at any location, through the internet, or by phone' and delivered 'in person, by mail, or by delivery service', only to an individual in Virginia for their own use. An unofficial code mirror (vacode.org, seen only in a search summary) shows the earlier rule: sales only at the home, at events of 14 days or less, or at farmers markets. So the 2026 amendment is what opened phone, internet and mail sales. VDACS's FAQ (revised July 2026) describes the same rules, and says exempt operations owe no inspection fee (permitted ones pay $40/yr). The 2026 bill appears to be HB 402, which also set up a Home Food Processing Operator Work Group reporting by Nov 1, 2026 (per an enrolled copy hosted by IJ). Two points are inferred, not confirmed: that c.605 is HB 402, and the July 1, 2026 effective date (Virginia's usual date). Local zoning/business license rules may apply.

Sources

Va. Code 3.2-5130 official
VDACS - Virginia's Home Food Processing Exemptions FAQ (rev. July 2026, PDF) official
Enrolled VA HB 402 (2026) cottage food - copy hosted by Institute for Justice secondary

Last checked: 2026-10-24 · confidence: high (high = key facts confirmed on an official page; medium = partly confirmed or secondary sources agree; low = a single secondary or outdated source). Summaries are our own wording, not the text of the law.

This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.

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