All states › West Virginia
Can I sell food from home in West Virginia?
West Virginia cottage food law at a glance
| Home food sales allowed | yes Cottage foods: non-potentially hazardous homemade foods (exempt) and Potentially Hazardous Cottage Food Vendor Permit (WVDA) |
|---|---|
| Law | W. Va. Code 19-35-6 (non-PH foods); W. Va. Code 19-40 (SB 44, 2026) and 61 CSR 42 emergency rule (filed June 1, 2026) for PH cottage foods |
| Sales cap | No cap |
| Permit or registration | none. Non-PH foods: exempt from state licensing, permitting and inspection. PH foods: WVDA PH Cottage Food Vendor permit (annual), kitchen inspection at $27/hour billed, food handler card or higher training (canned acidified foods need Better Process Control School or equivalent and process-authority approval), WVDA label review; $250 penalty if unregistered after notice. |
| Sell in person | yes |
| Take online orders | yes |
| Ship within the state | yes |
| Ship to other states | unverified |
| Sell to shops and cafes | limited |
| Where you can sell, details | Non-PH foods: sold to consumer in person or remotely, by producer, agent or third-party vendor; delivery by producer, agent, third-party vendor or carrier. PH cottage foods: sold only within WV, direct non-wholesale to consumers; farmers markets need a WVDA Farmers Market Vendor permit. Local governments preempted from regulating non-PH foods (19-35-6). |
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 West Virginia?
Allowed: Any non-potentially hazardous food without a permit. With PH permit: canned acidified foods (pickles, salsas, sauces, fermented products, acidified condiments, non-standard jams), cut produce, TCS baked goods, infused honeys/syrups, PH freeze-dried foods, other TCS foods approved by WVDA.
Not allowed: Meat, meat products, poultry, seafood, Grade A dairy products, wild-harvested mushrooms, sprouted seeds.
Label requirements in West Virginia
Required statement: This product was made in a non-commercial or home kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement. exact wording from an official source
Other label items: Per 61 CSR 42-6: product name, producer name, city/state/ZIP, ingredients (beginning 'Ingredients:'), net contents in US and metric, 'Contains' allergen statement, safe-handling instructions and date/lot codes when applicable. Non-PH foods follow WVDA labeling standards (content and source info).
Selling from home in West Virginia? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels with West Virginia's required statement filled in. It also has this guide for all 50 states and DC. One-time price, and it works offline.
Get the toolkit Try the free cookie price checkNotes
Major 2026 change: SB 44 created a PH cottage food permit; WVDA emergency rule 61 CSR 42 filed 6/1/2026 (effective on SOS approval or 42 days after filing; sunset 2032). The rule's exact label statement is stated for PH products; whether it applies to exempt non-PH foods is unclear. Non-PH exemption dates to 2019 SB 285 / 2021 HB 2633.
Sources
- W. Va. Code 19-35-6 Nonpotentially hazardous foods official
- WVDA Potentially Hazardous Cottage Foods official
- WVDA filed emergency rule 61 CSR 42 (2026) official
Last checked: 2026-10-24 · confidence: medium (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.