Virginia cottage food law: the home food processing exemptions and how to sell online
Updated October 20, 2026
Virginia lets you make low-risk foods such as baked goods, candy, jams and granola in your own home and sell them with no permit, no inspection and no fee, under the home food processing exemptions in Virginia Code §3.2-5130. You can sell at any location, by phone or online, and deliver in person, by mail or by a delivery service, but only to individuals in Virginia for their own use. Nothing can go to shops, restaurants or other businesses, or across state lines. Pickles and other acidified vegetables have their own exemption with a $9,000 annual sales cap.
In short
- No permit, inspection or US$40 annual fee for exempt home food operations.
- Low-risk foods have no sales cap; pickles and acidified vegetables are capped at $9,000 a year.
- Online and phone sales are fine, with delivery in person, by mail or by a delivery service, inside Virginia.
- No sales to businesses: no resale, consignment, shops, restaurants or out-of-state buyers.
- Every label carries the processing date and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION".
Virginia home food exemption rules at a glance (October 2026)
| Rule | What Virginia requires |
|---|---|
| Law | Virginia Food and Drink Law, Va. Code §3.2-5130(C)(3) low-risk foods, (C)(4) acidified vegetables, (C)(5) honey (last amended 2026) |
| Regulator | Virginia Department of Agriculture and Consumer Services (VDACS), Food Safety Program |
| Permit, inspection, fee | None for exempt operations. VDACS may inspect after a consumer complaint |
| Where you make it | Your own private home |
| Low-risk foods | Baked goods, candies, cereals, nuts, cotton candy, dried fruit, dried pasta, dried tea, dry baking mixes, dry herbs, seasonings and mixtures, granola, jams and jellies that aren't low-acid, popcorn, roasted coffee, trail mixes, vinegars |
| Condition | No food that needs time or temperature control for safety after preparation |
| Sales cap | None for low-risk foods; $9,000 a year for acidified vegetables; under 250 gallons a year for honey |
| How you can sell | At any location, by phone or through the internet, to an individual in Virginia for their own consumption |
| Delivery | In person, by mail or by delivery service, within Virginia |
| Not allowed | Resale, consignment, sales to retail food establishments or other businesses, sales across state lines |
| Label | Name, physical address or PO box, phone, date processed, and the "NOT FOR RESALE" statement on the front panel, plus standard food labeling |
| Penalty | Breaking §3.2-5130 is a Class 1 misdemeanor |
This is general information, not legal advice. Confirm with the VDACS Food Safety Program (804-786-3520) before you start.
Which foods qualify, and is buttercream allowed?
VDACS's FAQ (revised July 2026) says the deciding factor is the recipe, not the product name. Its examples:
| May be allowed | May not be allowed |
|---|---|
| Breads or cakes not filled or topped with fresh fruit, curd, custard, whipped cream, mousse or cream cheese | Breads with fresh toppings such as cheese, herbs or vegetables |
| Cookies, muffins, fruit pies, sourdough bread | Cheesecakes, cream pies, custards, meringues |
| Blueberry, grape, peach and strawberry jams and jellies | Apple butter, banana jam, fig jam, lavender jelly, pepper jelly, zucchini or carrot cake jam |
| Pickled vegetables, relishes, chow-chow, acidified salsa (acidified exemption) | Barbecue sauce, hot sauce, fresh salsa, salad dressings, canned fruits, low-acid canned vegetables |
Buttercream may or may not qualify: VDACS says it can be a time/temperature control food depending on the recipe, and points producers to a food processing authority for testing. Cream cheese-based frostings are listed as likely to need refrigeration. Low-sugar or no-sugar jams may also fall outside the exemption.
Can you sell home food online and ship it in Virginia?
Yes, within Virginia. The statute lets you sell "through the internet, or by phone" to an individual in the Commonwealth, and deliver "in person, by mail, or by delivery service." So you can:
- take orders on your own website or ordering page;
- deliver yourself, send a courier or delivery service, or mail the package;
- sell at farmers markets, events or from home.
You can't ship to another state, and you can't sell to a cafe or shop that would resell or serve your food. To do either, you need a VDACS permit, which comes with an inspection and a US$40 annual inspection fee.
What goes on a Virginia home food label?
On the principal display panel (the front):
- your name, physical address or post office box, and telephone number;
- the date the product was processed;
- the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION".
The label must also meet standard food labeling rules: product name, net weight, the manufacturer's name and address, ingredients and sub-ingredients, and nutrition information if needed. If a product is too small for a readable label, or is sold to be eaten on the spot, a sign at the point of sale with the same information can replace the label. Honey has its own wording, which adds an infant warning. Build labels with the food label maker and update the processing date for each batch.
Worked example: a Richmond sourdough baker with a pickle line
Prices are illustrative, as of October 2026. A home baker sells sourdough loaves and strawberry jam online for pickup and local delivery, plus chow-chow under the acidified vegetable exemption.
| Item | Amount |
|---|---|
| Bread and jam orders a month | 60, averaging US$24 (two loaves) |
| Bread and jam sales a year (60 × 12 × US$24) | US$17,280 (no cap for low-risk foods) |
| Chow-chow jars a year | 600 at US$10 = US$6,000 |
| Acidified vegetable cap | $9,000 a year, so US$3,000 of room left |
| Menuthere plan | Lite, US$17 a month: 60 orders a month is over the Free plan's 50, and Lite adds pre-orders and card payments |
| Stripe fee per US$24 order (2.9% + 30¢) | about US$1.00 |
| Menuthere commission | US$0.00 |
The chow-chow line is the one to watch: VDACS asks producers to document acidified vegetable sales as they go. She also needs a separate pH test for each acidified product she sells. Price each loaf in US dollars with the menu price calculator.
How to set up a Menuthere ordering page for Virginia rules
- Add products with allergens ticked (allergens and nutrition, every plan) and put the "NOT FOR RESALE" statement in each description.
- Offer pickup and your own delivery in
Settings → Ordering → Order types(order types), with a delivery radius that stays inside Virginia if you live near a state line. - Let customers send a courier if you prefer: Virginia allows delivery by a delivery service, and the customer's own courier option turns those orders into pickups.
- Bake to a schedule with pre-orders on Lite and dishes that need notice, and connect Stripe for cards.
- Turn down business orders that come through your page from cafes or shops; the exemption covers individuals only.
Menuthere doesn't check Virginia law for you; you choose the products and options. Ask Virginia Tax whether your products are taxable, and see our guide to sales tax on restaurant food.
Other states
North Carolina requires a home kitchen inspection, Tennessee has its own home food rules, and Pennsylvania registers home food processors. Compare them all on the cottage food laws hub.
FAQs
Do I need a license to sell cottage food in Virginia?
No, if you only make the low-risk foods, acidified vegetables or honey listed in Virginia Code §3.2-5130 and follow its conditions. Exempt home food operations don't need a VDACS permit or inspection and don't pay the US$40 annual inspection fee.
Is there a sales limit for Virginia cottage food?
There is no sales cap for exempt low-risk foods such as baked goods and jams. Pickles and other acidified vegetables are capped at $9,000 in gross sales a year, and exempt honey producers must sell less than 250 gallons a year.
Can I sell cottage food online in Virginia?
Yes. You can sell through the internet or by phone to an individual in Virginia for their own consumption, and deliver in person, by mail or by a delivery service. You can't sell across state lines or to businesses.
Can I sell buttercream cakes under Virginia's home food exemption?
It depends on the recipe. VDACS says buttercream frosting may or may not need time or temperature control, so check yours with a food processing authority. Cakes topped or filled with fresh fruit, custard, whipped cream or cream cheese aren't allowed.
What does a Virginia home food label need?
On the front panel: your name, physical address or PO box, phone number, the date the food was processed, and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION", plus standard labeling such as ingredients and net weight.
Can I take Virginia cottage food orders through Menuthere?
Yes. A free Menuthere ordering page takes up to 50 orders a month with 0% commission, and Lite (US$17 a month) adds pre-orders and card payments through your own Stripe account. Keep delivery inside Virginia and sell only to individuals.
Sources (3)
- Code of Virginia §3.2-5130, Inspections required to operate food establishment (subsection C(3) low-risk foods, C(4) acidified vegetables with $9,000 cap, C(5) honey under 250 gallons; internet and phone sales and delivery in person, by mail or delivery service within the Commonwealth; not for resale or retail food establishments; label contents and statement; D exemption from permit, inspection and fees, complaint inspections; E Class 1 misdemeanor; history through 2026, c. 605): law.lis.virginia.gov/vacode/title3.2/chapter51/section3.2-5130/ (accessed 20 Oct 2026)
- Virginia Department of Agriculture and Consumer Services, Food Safety Program, Virginia's Home Food Processing Exemptions FAQ (VDACS-FSP-EXFAQ-REVJUL2026: US$40 annual inspection fee for permitted establishments; food lists; TCS explanation incl. cream cheese-based frostings; allowed and not-allowed examples; buttercream depends on recipe; label on principal display panel and sign alternative; no sales to businesses or across state lines; documenting acidified sales; separate pH test per product): vdacs.ar.virginia.gov/pdf/homefoodexemptionsfaq.pdf (accessed 20 Oct 2026; the same July 2026 FAQ is also posted on vdh.virginia.gov)
- Stripe, US card pricing 2.9% + 30¢ per successful domestic card transaction (stripe.com geo-redirects to India from our location; figure taken from Stripe's US support pages): stripe.com/pricing (accessed 20 Oct 2026)