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Virginia Code § 3.2-5130 (Home Kitchen Food Processing Exemptions)High confidence

Cottage food law · Virginia

VirginiaCottage Food Law

Virginia cottage food law — what actually applies when you sell from home.

Here's what Virginia allows under current cottage food rules: what you can sell, what you can't, and how to start legally.

Why this matters

What Virginia actually allows — and what it doesn't.

Virginia Code § 3.2-5130 (Home Kitchen Food Processing Exemptions). Virginia has one of the most restrictive online sales provisions among cottage food states.

Annual revenue cap

Virginia sets no cap on cottage food revenue.

Annual gross cap

Unlimited

Virginia Code § 3.2-5130 (Home Kitchen Food Processing Exemptions)

Sales channels

Where you can sell in Virginia — and where you can't.

Online ordering

NoNo

Shipping

No

Federal restriction on uninspected food crossing state lines.

Seller delivery

NoNo

Third-party delivery (DoorDash, Uber Eats)

ConditionalConditional

Interstate sales

NoNo

Wholesale to retail stores

NoNo

Registration & permits

Virginia does not require state registration.

Registration

Not required

Labeling standard

Standard

Inspection

None

Food safety certification

Not required

Address privacy

Not available

Food categories

What usually sits outside this cottage food lane.

  • Tcs
  • Meat
  • Poultry
  • Dairy
  • Eggs
  • Fish
  • Shellfish
  • Cut Produce
  • Low Acid Canned Goods
  • Pesto
  • Hummus
  • Garlic In Oil

How to start

Steps to a legal first sale in Virginia.

  1. Confirm your products qualify

    Compare your menu against Virginia's cottage food lane. Temperature-controlled, meat, seafood, and low-acid canned items often require a different path; check the state-specific food categories above.

  2. Label every product correctly

    Every label must include your name (or registered ID), product name, ingredients, and allergens per Virginia rules.

Frequently asked

Virginia cottage food — your questions answered.

Do I need to register in Virginia?

No. Virginia Code § 3.2-5130 (Home Kitchen Food Processing Exemptions) requires no registration. Baked goods, jams, candy, honey (up to 250 gallons), and dried foods have unlimited revenue. Acidified vegetables and pickles have a separate $9,000 annual cap (raised from $3,000 by HB759 in 2024). Pickles and acidified vegetables must maintain pH ≤4.6.

Can I sell online?

Not really — Virginia has one of the most restrictive online-sales provisions in the country. You CANNOT have a shopping cart, "buy now" buttons, order forms, or accept online orders. You CAN advertise online with product photos, prices, and your phone number for orders. Actual orders must be placed by phone, and delivery is direct pickup or in-person at farmers' markets, your home, or events (up to 14 consecutive days).

Can I ship my products?

No. Shipping and mail are not allowed. Direct sales in person only. Interstate is also prohibited. You cannot sell to restaurants, grocery stores, or other businesses — no wholesale.

What's HB402 (2026) and how would it change things?

HB402 would allow online sales, delivery, online payments, limited wholesale, and protect home kitchens from commercial equipment requirements. As of February 2, 2026, the Subcommittee recommended reporting with substitute (10-Y 0-N on Jan 28, 2026), and it now moves to the full Agriculture, Chesapeake and Natural Resources Committee. If passed, it would eliminate the current shopping-cart prohibition and significantly expand sales channels.

What about local rules?

Virginia has no state preemption. Local governments may add their own zoning or business licensing requirements on top of the state exemptions. Verify with your county or city before operating.

Virginia cottage food laws: what is the short version?

Virginia does not require state registration for the cottage food lane. There is no state revenue cap in the current data. Direct in-person sales are the safest channel to confirm before taking online or delivery orders.

Do I need a cottage food license in Virginia?

Not for the cottage food lane in the current data. Virginia may still have label, food-category, local zoning, or other business rules, so check the official source before you sell.

What foods can I sell from home in Virginia?

Virginia's cottage food lane is mainly for foods that do not need time or temperature control for safety. Common no-go categories include tcs, meat, poultry, dairy, eggs.

About VibeKitchen

The storefront tool this guide comes from.

VibeKitchen is a storefront and order-management tool for home food sellers — your own ordering page, your own checkout, your own customers. This guide explains the local rule landscape; the product helps organize the orders, pickup windows, payments, and customer records once you decide how you want to sell.