Why this matters
What West Virginia actually allows — and what it doesn't.
West Virginia's cottage food law operates under W. Va. Code §19-35-5 (Cottage foods; acidified foods; non-potentially hazardous foods; other exempted foods), modernized by SB 285 effective June 5, 2019.
Annual revenue cap
West Virginia sets no cap on cottage food revenue.
Annual gross cap
Unlimited
Required label language
Every package carries a statutory disclaimer.
The disclaimer below must appear on every package, in the exact casing the statute specifies:
Required on every label
This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.
— W. Va. Code §19-35-5 (Cottage foods, acidified foods, non-potentially hazardous foods); W. Va. Code St. R. §64-102-2
Sales channels
Where you can sell in West Virginia — and where you can't.
Online ordering
YesYesShipping
YesYesSeller delivery
YesYesThird-party delivery (DoorDash, Uber Eats)
ConditionalConditionalInterstate sales
NoNoWholesale to retail stores
NoNoRegistration & permits
West 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
- Fish
- Shellfish
- Dairy
- Eggs
- Cut Produce
- Cream Filled Pastries
- Cheesecake
- Custard
- Cooked Foods Requiring Refrigeration
- Pressure Canned Foods
How to start
Steps to a legal first sale in West Virginia.
Confirm your products qualify
Compare your menu against West 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.
Label every product correctly
Every label must include your name (or registered ID), product name, ingredients, allergens, and the statute-required disclaimer verbatim.
Start taking orders
West Virginia allows online orders, in-state shipping, seller delivery. Route orders through your own channels.
Frequently asked
West Virginia cottage food — your questions answered.
Do I need to register in West Virginia?
No. West Virginia has ZERO barriers under W. Va. Code §19-35-5 (modernized by SB 285 effective June 5, 2019) — no registration, no license, no permit, no inspection, no fees, no sales cap. You can start selling today.
Can I use a commercial kitchen instead of my home kitchen?
Yes. West Virginia gives you unusually broad kitchen flexibility — you can produce cottage food in your home, on your farm, in a community kitchen, or in a commercial kitchen. Few states offer this range of options.
Can I sell to restaurants and stores?
Yes. West Virginia cottage food can be sold at direct sales from home, via online orders (phone or internet), at farmers' markets, community events, AND retail outlets including grocery stores and restaurants. Mail-order delivery within the state is also allowed. Third-party delivery isn't explicitly addressed in the statute, but the broadly permissive language suggests it's allowed.
What's the disclaimer language?
Your label must include: producer name, home address, telephone number, product name, ingredients in descending order, and the exact disclaimer — "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."
What can I not sell?
All TCS foods — meat, poultry, fish, seafood, dairy, eggs, cooked foods requiring refrigeration — plus cream-filled pastries, cheesecakes, custards, cut fresh produce, and foods requiring pressure canning. Acidified foods are subject to separate farmers market vendor permit requirements in some venues.
Can local health departments add their own rules?
No — local health departments cannot require permits for cottage food vendors or farmers' markets (except consignment farmers' markets). SB 588 (2025) would further authorize homemade food production and sale — watch for updates.
West Virginia cottage food laws: what is the short version?
West Virginia does not require state registration for the cottage food lane. There is no state revenue cap in the current data. West Virginia allows online orders, in-state shipping, seller delivery for cottage food sellers in the current data.
Do I need a cottage food license in West Virginia?
Not for the cottage food lane in the current data. West 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 West Virginia?
West 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, fish, shellfish.