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Kanawha County, WV Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
W. Va. Code §19-35-6
Non-hazardous foods
No permit or inspection
Regulator
WV Dept. of Agriculture
Local ban
Preempted by state law
Hazardous foods
Vendor permit required

Summary

West Virginia lets you sell non-potentially-hazardous homemade foods, breads, cakes, candies, jams, honey, dried produce, direct to consumers with no license, permit, or inspection. W. Va. Code §19-35-6 exempts these and preempts Kanawha County and its cities from banning them.

These county ordinances apply to unincorporated areas of Kanawha County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The production and sale of nonpotentially hazardous foods, when done in conformity with this section and the accompanying legislative rules, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state.

Source: West Virginia CodeView official code

Full Breakdown

The WV Farmers Market and cottage food law, W. Va. Code §19-35-1 et seq., broadened by HB 2758 in 2021, governs homemade food, not any Kanawha County ordinance. Under §19-35-6, producing and selling non-potentially-hazardous foods is exempt from state licensing, permitting, inspection, packaging, and labeling laws, and the section preempts county and municipal governments from prohibiting or regulating those sales. Foods must move producer-to-consumer and be labeled with content and source information. Potentially hazardous or acidified foods still require a farmers market vendor permit from the WV Department of Agriculture under §19-35-3a. The Kanawha-Charleston Health Department may still act on a reported foodborne illness.

Violations & Fines

Selling potentially hazardous or acidified foods without the required Department of Agriculture vendor permit, or continuing after a foodborne-illness report, lets the department or the Kanawha-Charleston Health Department halt production and impose penalties.

Frequently Asked Questions

Do I need a permit to sell homemade baked goods?
No. Under W. Va. Code §19-35-6, non-potentially-hazardous foods like breads, cakes, jams, and honey are exempt from licensing, permitting, and inspection when sold direct to the consumer with proper labeling.
Can Kanawha County or Charleston ban my cottage food sales?
No. Section 19-35-6 preempts county and municipal governments from prohibiting or regulating non-potentially-hazardous homemade food sales, apart from short-term event spaces on government property.

Sources & Official References

Other rules in Kanawha County

All Kanawha County rules

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