"Cottage food" laws let home cooks and bakers make certain low-risk foods in their own kitchen and sell them legally, without building out a licensed commercial kitchen. Every state writes its own version of this exemption, and the rules on sales caps, licensing, and food safety training vary widely — see our full cottage food laws by state guide for the complete picture. This page covers Virginia specifically.
Virginia's Homemade Food Exemption: No License, No Inspection
Virginia calls its home-kitchen exemption the Homemade Food Exemption, set out in Code of Virginia § 3.2-5130 and administered by the Virginia Department of Agriculture and Consumer Services (VDACS). Home food businesses are normally subject to the same periodic inspections and $40 annual fee as any other food establishment, but § 3.2-5130 exempts three categories of home-produced foods from that inspection and fee entirely: low-risk shelf-stable foods, acidified foods like pickles and salsa, and honey. There is no license application, no registration, and no written notice to file with VDACS to use the exemption — you simply have to meet its conditions.
🏠 Because you're exempt from VDACS's periodic inspections, you're also exempt from the $40 annual inspection fee that ordinarily applies to food establishments. If VDACS ever bills you for it in error, the agency's own guidance says to contact the Food Safety Program to have it corrected.
What You Can (and Can't) Sell in Virginia
Perishable & Higher-Risk Foods
Anything requiring refrigeration for safety, canned fermented foods, canned acid foods, canned fruits, low-acid canned vegetables, and infused honey products (treated as "value-added," not pure honey).
Three Exempt Categories
Low-risk: candies, jams/jellies, dried fruits and herbs, dry mixes, coated nuts, vinegars, popcorn, cotton candy, dried pasta, roasted coffee, granola, and baked goods that don't need temperature control. Acidified: pickles, salsa, chow-chow, and similar vegetables at pH 4.6 or lower. Honey: pure honey from the operator's own hives.
The allowed-products list comes directly from VDACS's Home Kitchen Food Processing Exemptions fact sheet. If your product isn't a clear match, or you're unsure which of the three categories it falls into, check that fact sheet or contact the VDACS Food Safety Program before you start selling.
Sales Caps: No Limit for Most Foods, but Pickles and Honey Are Capped
Virginia doesn't apply one sales cap across the board — the cap depends on which of the three exempt categories your product falls into.
| Category | Annual Sales Cap | Extra Conditions |
|---|---|---|
| Low-risk foods (baked goods, candy, jams, dried goods, etc.) | No state-imposed cap | Must be non-perishable and shelf-stable |
| Acidified foods (pickles, salsa, chow-chow, relishes) | $9,000 combined gross sales per calendar year | Equilibrium pH of 4.6 or lower; producers should keep sales records for VDACS review |
| Honey (pure, from the operator's own hives) | Less than 250 gallons per year | Operator can't also sell other foods outside the low-risk and acidified categories |
🧪 If you're making pickles, salsa, or other acidified vegetables, VDACS's guidance strongly recommends buying an electronic pH meter (paper strips aren't accurate enough) and encourages completing a Better Process Control School course, since the home processor is personally responsible for confirming the product reaches an equilibrium pH of 4.6 or lower.
Do You Need a Food Handler Card in Virginia?
Not under the exemption itself. Code of Virginia § 3.2-5130 doesn't condition the homemade food exemption on completing a food safety course or holding a food handler card. That said, some farmers markets, temporary event organizers, or retail buyers may still ask for one on their own, and it's a reasonable precaution regardless of what the law requires. Our guide on whether home bakers need a food handler card walks through the practical reasons it's often worth getting certified anyway, and our Virginia food handler card requirements page covers what's required for anyone who needs certification for other reasons.
How Registration Works (Spoiler: There Isn't Any)
Low-risk, acidified, or honey — the rules and caps differ by category.
No cap for low-risk foods; $9,000/year for acidified foods; under 250 gallons/year for honey.
No application is filed with VDACS — accurate labeling is what actually keeps you compliant.
Direct to consumers, in person or (as of mid-2026) by phone/online with in-state delivery — never through retail stores.
Where You Can (and Can't) Sell
Virginia's exemption is built around direct-to-consumer sales, and it's meaningfully narrower than states that allow cottage food on store shelves. You can sell from your private home, at farmers markets, and at temporary events that run 14 consecutive days or fewer, always to an individual buying for their own consumption. You cannot sell to other businesses (grocery stores, supermarkets, restaurants) for resale, and you cannot sell across state lines under this exemption.
Exempt operators could advertise online but could not accept online orders or electronic payment for shipping, and could not offer to ship product by mail or courier.
Operators may now sell low-risk and acidified products by phone or online, with delivery in person, by mail, or by delivery service — but only to an individual within Virginia, and never for resale or across state lines.
📦 Honey is the exception: VDACS's guidance places no restriction on where pure honey from an operator's own hives can be sold or to whom, beyond the 250-gallon annual cap and the labeling rules.
Labeling Requirements
Every exempt product needs a compliant label on its principal display panel: the preparer's name, physical address, and telephone number; the date the product was processed; and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION." Honey carries a different required statement: "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old." On top of that, standard labeling still applies — product name, net weight, ingredient list, and the manufacturer's name and address. If a product is too small to label clearly, or is sold for on-site consumption, a posted sign at the point of sale can substitute for a label.
Frequently Asked Questions
Does Virginia require a food handler card to sell cottage food?
No. Virginia's home kitchen food processing exemption under Code of Virginia § 3.2-5130 does not require a food handler card, food safety certificate, registration, or fee. Getting one anyway is still a smart practice, and some farmers markets or event organizers may ask for one on their own.
Is there a sales cap for cottage food in Virginia?
It depends on the food. Low-risk items like baked goods, candy, jams, and dried goods have no state-imposed sales cap. Pickles and other acidified vegetables (like salsa and chow-chow) are capped at $9,000 in combined gross annual sales, and pure honey from an operator's own hives is capped at less than 250 gallons per year.
Can I sell my Virginia cottage food products online?
As of July 1, 2026, under HB 402, yes for orders placed by phone or online. Products can be delivered in person, by mail, or by delivery service, but only to an individual within Virginia for their own consumption, not for resale, and not across state lines. Before that date, online checkout was not allowed under the exemption.
Can I sell my cottage food products in stores in Virginia?
No. Virginia's exemption is built around direct-to-consumer sales only, from the operator's home, at farmers markets, at temporary events lasting 14 days or fewer, and now by phone or online delivery within the state. It does not allow sales to grocery stores, restaurants, or other retail businesses for resale.
Weighing whether to get a food handler card anyway? Find approved courses and requirements for your state.
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