Kanawha County, WV Home Business: Cottage Food Operations (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.
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.
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?
Can Kanawha County or Charleston ban my cottage food sales?
Sources & Official References
Other rules in Kanawha County
Compare Kanawha County to another location·View the West Virginia home business overview
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