West Virginia Code §19-35 establishes statewide cottage food rules allowing home producers to sell non-potentially hazardous foods directly to consumers without commercial kitchen licensing, preempting most local food-handling permit requirements for qualifying products.
WV Code §19-35-1 through §19-35-4 permits sale of baked goods, jams, jellies, candies, and other shelf-stable foods produced in home kitchens. Producers must label products with name, address, ingredients, and an allergen disclosure stating the food was made in a home kitchen not subject to state inspection. Annual sales caps and venue restrictions apply, with sales allowed at farmers markets, roadside stands, and direct-to-consumer transactions. Potentially hazardous foods (meat, dairy, low-acid canned goods) remain prohibited. Local health departments cannot require additional licenses for compliant cottage food operations.
Selling unapproved foods, omitting required labels, or exceeding statutory limits may result in WVDA cease-and-desist orders, product seizure, and civil penalties.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Charleston, WV
West Virginia Senate Bill 167, enacted in 2017, prohibits sanctuary policies. Charleston cannot adopt rules barring police cooperation with federal immigrati...
Charleston, WV
Charleston cannot set its own minimum wage above the West Virginia rate of 8.75 dollars per hour set by W. Va. Code Section 21-5C-2. State law preempts local...
Charleston, WV
Charleston levies a business and occupation gross receipts tax under Chapter 10 of the City Code, with rates that vary by business classification such as ret...
Charleston, WV
Charleston has not adopted a hotel worker retention ordinance like those in some larger cities. Hotel sales or change-of-control transactions in Charleston f...
Charleston, WV
Charleston hotel guests pay a 6 percent city hotel occupancy tax under W. Va. Code Chapter 7 plus a 6 percent state consumer sales tax, totaling roughly 12 p...
Charleston, WV
Charleston enforces loud party rules through the city noise ordinance and disorderly conduct provisions in Chapter 24, with stronger response near East End r...
See how Charleston's cottage food operations rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.