West Virginia Statewide Rule
West Virginia Cottage Food Law and Home Kitchen Sales
Key Facts
- Statute
- WV Code §19-35
- Allowed foods
- Non-hazardous shelf-stable
- Inspection
- Not required
- Label rule
- Home kitchen disclosure
- Regulator
- WV Dept. of Agriculture
Summary
West Virginia Code §19-35 establishes statewide cottage food rules allowing home producers to sell non-potentially hazardous foods directly to consumers without commercial kitchen licensing, preempting most local food-handling permit requirements for qualifying products.
§19-35-5. Potentially hazardous foods. (a) Notwithstanding any provision of §16-1-1 et seq . of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous foods sold at farmers markets. (b) A vendor of potentially hazardous foods shall apply for and obtain a farmers market vendor permit as required by §19-35-3a of this code. (c) A home, farm, community, or commercial kitchen may be used by a potentially hazardous foods vendor, as determined by the department. (d) The department shall establish by legislative rule the requirements for obtaining a vendor permit for potentially hazardous foods, including acidified foods, and other categories identified and defined by the department. (e) All potentially hazardous foods sold at farmers markets shall be labeled in compliance with the department’s labeling standards and provide information about its content and sources. Previous §19-35-4. Legislative rules. §19-35-5. Potentially hazardous foods.
Full Breakdown
WV Code §19-35-1 through §19-35-4 permits sale of baked goods, jams, jellies, candies, and other shelf-stable foods produced in home kitchens. Producers must label products with name, address, ingredients, and an allergen disclosure stating the food was made in a home kitchen not subject to state inspection. Annual sales caps and venue restrictions apply, with sales allowed at farmers markets, roadside stands, and direct-to-consumer transactions. Potentially hazardous foods (meat, dairy, low-acid canned goods) remain prohibited. Local health departments cannot require additional licenses for compliant cottage food operations.
Violations & Penalties
Selling unapproved foods, omitting required labels, or exceeding statutory limits may result in WVDA cease-and-desist orders, product seizure, and civil penalties.
Frequently Asked Questions
Do I need a permit to sell home-baked goods in West Virginia?
Can my city require a separate cottage food license?
Sources
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