Virginia Statewide Rule

Virginia Cottage Food and Home Kitchen Exemption

Some RestrictionsApplies statewide across Virginia (2026)

Virginia exempts certain home-produced non-potentially-hazardous foods from licensing and inspection when sold directly to consumers under labeling rules, with statewide standards that local health departments cannot expand.

Key Facts

Statute: Va. Code 3.2-5130
Allowed Foods: Non-hazardous shelf-stable items
Sales Channel: Direct to consumer only
Regulator: VDACS

Source: Virginia Legislative Information System

Full Breakdown

Va. Code Section 3.2-5130 exempts home food sales of non-potentially-hazardous goods (jams, baked goods, candies, dry mixes) sold directly to consumers if labeled with producer name, address, product, ingredients, and the disclosure that the product was made in a kitchen not subject to inspection. Sales must occur in person; no shipping or wholesale. Annual gross under specific thresholds also enables farm food sales. The Virginia Department of Agriculture and Consumer Services administers the framework statewide.

Violations & Penalties

Selling potentially hazardous foods, omitting required label disclosure, or shipping interstate disqualifies the exemption and triggers full food-establishment regulation.

Frequently Asked Questions

Can I sell cookies from my home kitchen in Virginia without a license?

Yes, under Section 3.2-5130 if you sell directly to the consumer and label every package with your name, address, ingredients, and the not-inspected disclosure.

Can I ship my cottage foods to out-of-state customers?

No. Virginia's exemption requires direct, in-person sale to the end consumer. Mail order, internet shipping, or wholesale distribution voids the exemption.

Sources

Va. Code 3.2-5130 (Home Food Exemption)

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Full Breakdown

Frequently Asked Questions

Can I sell cookies from my home kitchen in Virginia without a license?

Yes, under Section 3.2-5130 if you sell directly to the consumer and label every package with your name, address, ingredients, and the not-inspected disclosure.

Can I ship my cottage foods to out-of-state customers?

No. Virginia's exemption requires direct, in-person sale to the end consumer. Mail order, internet shipping, or wholesale distribution voids the exemption.