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

Cottage food law · Virginia

VirginiaCottage Food Laws

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

License, permit & registration

Virginia does not require state registration.

Do you need a cottage food license or permit in Virginia? For basic cottage foods, Virginia does not require a separate license or permit — but other rules can still apply.

Registration

Not required

Labeling standard

Standard

Inspection

None

Food safety certification

Not required

Address privacy

Not available

Food categories

Foods the basic cottage food rules usually do not cover.

  • 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 rules. 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 you need a permit to sell food in Virginia?

No permit is required for Virginia's home kitchen food processing exemption, and there is no revenue cap. The tradeoff is that Virginia restricts online sales, shipping, and delivery for the exemption, so plan on direct, in-person sales of shelf-stable foods.

Can I sell cooked food from home in Virginia?

Cooked, ready-to-eat meals fall outside the home kitchen exemption, which covers shelf-stable items. The path to yes for cooked food is a licensed or commissary kitchen. Baked goods, candies, jams, and dry mixes you can sell directly.

Can you run a food business from home in Virginia?

Yes, for exempt shelf-stable foods sold directly to customers, with no permit and no cap. Local zoning rules still apply to on-site pickup, and the exemption limits online and shipped sales, so keep transactions direct and in person.

Can I take online orders for cottage food in Virginia?

No. Virginia's exemption is one of the strictest in the country here: you cannot use a shopping cart, "buy now" buttons, order forms, or accept orders online. You can advertise online with product photos, prices, and a phone number, but the order itself must be placed by phone, and sales stay direct — pickup, farmers markets, home, or events running no more than 14 consecutive days. A pending 2026 bill, HB402, would loosen this.

What foods can I sell from home in Virginia, and is there a cap?

General cottage foods — baked goods without TCS fillings, jams and jellies, dried foods, candies, and honey up to 250 gallons — carry no revenue cap. Pickles and other acidified vegetables at pH 4.6 or below are allowed too, but under a separate $9,000-a-year limit that HB759 raised from $3,000 in 2024. Excluded items include all TCS foods, meat, poultry, dairy, eggs, low-acid canned goods, pesto, hummus, and garlic-in-oil.

Virginia cottage food laws: what is the short version?

Virginia does not require state registration for basic cottage food sales. The cited state sources do not list a revenue cap. Direct in-person sales are the safest channel to confirm before taking online or delivery orders.

Do I need a cottage food license or permit in Virginia?

Not for the basic cottage food path, based on the state sources cited on this page. 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 rules mainly cover foods that do not need time or temperature control for safety. Common no-go categories include tcs, meat, poultry, dairy, eggs.

About VibeKitchen

An ordering tool built for home food sellers.

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