Fairfax, VA Home Business: Cottage Food Operations (2026)

The Virginia Cottage Food Law, significantly expanded in 2023, allows home producers to manufacture and sell certain non-potentially hazardous foods from their home kitchen without obtaining a commercial food establishment permit from the Virginia Department of Agriculture and Consumer Services (VDACS). Under Virginia Code Section 3.2-5130 and related provisions, allowed cottage foods include: baked goods that do not require refrigeration (breads, cookies, cakes without cream frosting, pies without dairy or meat), candies and confections, jams, jellies, and preserves from high-acid fruits, dry mixes (cake mixes, soup mixes, spice blends), dry herbs and teas, roasted coffee beans, pickled vegetables using approved tested recipes, and similar shelf-stable items. Prohibited items include meat and poultry products, seafood, dairy products, low-acid canned goods (green beans, corn, meats in sauce), anything requiring refrigeration for safety, fermented foods beyond specified exceptions, and alcoholic beverages. Sales must be direct to the consumer (at farmers' markets, home pickup, online with pickup or direct delivery) and not through third-party retailers or restaurants. Annual revenue caps apply (recently increased). All cottage food products must be labeled with the producer's name and home address, product name, ingredients in descending order, allergen declaration (milk, eggs, wheat, soy, tree nuts, peanuts, fish, shellfish, sesame), net weight, and a required disclosure statement. The City of Fairfax does not regulate cottage food separately from state law but does require a home occupation permit and BPOL business license for the overall business activity.