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

Virginia's Home Food Processing statute (VA Code §3.2-5130, updated 2020 and again 2023) permits home production of specified low-risk, shelf-stable foods without requiring a commercial kitchen or food establishment permit from VDACS. Exempt products include: baked goods (bread, cookies, pies with non-dairy fillings), candies, jams, jellies, fruit butters (tested recipes), dried herbs/spices, dehydrated fruits, and roasted coffee. Foods requiring refrigeration (cream pies, cheesecakes, custards, meat products) are NOT allowed as cottage foods. Producers must: (1) label all products with business name, address, ingredients, net weight, allergens, and the statement "NOT FOR RESALE – PROCESSED AND PREPARED WITHOUT STATE INSPECTION"; (2) limit gross sales under thresholds set by VDACS (historically $3,000–$5,000 for some products; check current statute); (3) sell directly to consumers — farmers' markets, roadside stands, online with in-person pickup, and personal delivery are allowed; sales to restaurants, grocery stores, or wholesale are NOT permitted under the cottage food exemption. Fairfax County zoning adds the home-business overlay: cottage food producers must comply with Home-Based Business rules — Type 1 if no on-site pickup, Type 2 with Home Occupation Permit if customers pick up at the home (limited to 4 client visits/day). No retail storefront at home. A Business Professional Occupation License (BPOL) tax certificate is required. Farmers' market sales require market operator permission and any applicable local market permits. Commercial kitchens (inspected) are required to exceed cottage food limits or produce potentially-hazardous foods.