Virginia Beach, VA Home Business: Cottage Food Operations (2026)

Virginia Code §3.2-5130 provides the Home Food Processing Exemption (HFPE), Virginia's version of a cottage food law. The exemption is administered by VDACS Office of Dairy and Foods and covers non-potentially hazardous foods produced in a private home kitchen for direct sale to the consumer. Qualifying foods include baked goods such as breads, cookies, muffins, cakes without cream or meat fillings, candies, jams and jellies from approved fruits, dry mixes, granola, herb blends, and pickles meeting acidified food standards. Potentially hazardous foods such as cheesecakes, cream pies, meat products, canned low-acid vegetables, and anything requiring temperature control are not allowed. Gross revenue under the basic exemption must remain below $3,000 per month; larger operations require a commercial kitchen inspection. Every package must carry a label listing product name, ingredients in descending order, net weight or volume, the producer's name and address, and the statement NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION. Sales must be made directly to the end consumer at the home, farmers markets, or by delivery; internet sales are allowed only for in-state delivery. In Virginia Beach, cottage food operators must also operate within the Home Occupation standards: no exterior signage, limited on-site customer traffic, and a Home Occupation Permit plus a Commissioner of the Revenue business license.