Why this matters
What West Virginia actually allows — and what it doesn't.
West Virginia's cottage food law changes on June 12, 2026, when Senate Bill 44 takes effect. The state already lets producers sell nonpotentially hazardous foods made in a home, farm, community, or commercial kitchen with no state permit, no inspection, and no revenue cap under W. Va. Code §19-35-6.
SB 44 adds a second lane. A seller who wants to offer potentially hazardous cottage foods - including acidified, pickled, fermented, or time-and-temperature-controlled foods - must apply to the West Virginia Department of Agriculture for a potentially hazardous cottage food vendor permit. The enrolled bill says that permit is valid statewide, but cottage foods sold under the article must stay within West Virginia.
This is not a free-for-all for every menu item. The new Article 40 definition of cottage food still excludes meat, meat products, poultry, poultry products, seafood, and Grade A dairy products. The Department of Agriculture also has to set the permit conditions, procedures, standards, labeling rules, and fees by rule. As of June 1, 2026, the useful seller posture is: shelf-stable foods can stay on the old no-permit path; refrigerated, fermented, acidified, pickled, or other TCS-style foods need the new permit process before you build a menu around them.
For sellers, the practical change is menu room. A jam or cookie seller may not feel much difference. A seller testing pickled vegetables, fermented foods, certain refrigerated items, or similar products now has a West Virginia-specific path to watch instead of assuming "cottage food" only means shelf-stable baked goods and pantry items.
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 §19-35-6; 2026 SB 44, to be codified at W. Va. Code §19-40-1 through §19-40-6 effective June 12, 2026
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
NoNoLicense, permit & registration
West Virginia does not require state registration for basic cottage food sales.
Do you need a cottage food license or permit in West Virginia? For basic cottage foods, West 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
- 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 rules. 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 you need a license to sell food in West Virginia?
No license is needed for shelf-stable cottage foods in West Virginia, and there is no revenue cap. SB 44 (effective June 12, 2026) adds a WVDA permit path for potentially hazardous and refrigerated foods, expanding what home sellers can offer.
Can you cook food at home and sell it as a delivery business in West Virginia?
Shelf-stable foods need no permit. Under SB 44, a WVDA permit now covers some potentially hazardous cottage foods, which widens the menu beyond baked goods. Fully commercial hot restaurant service still needs licensing, and you can deliver allowed foods yourself.
What kind of food can I sell from home in West Virginia?
Non-potentially-hazardous foods — shelf-stable baked goods, candies, jams, and dry goods — stay on West Virginia's no-permit path under §19-35-6, with no inspection and no revenue cap. Starting June 12, 2026, SB 44 opens a second lane for acidified, pickled, fermented, or other time-and-temperature-controlled foods, sold with a new WVDA vendor permit. Meat, poultry, seafood, and Grade A dairy products stay outside the cottage food definition entirely.
What does West Virginia's new SB 44 permit cover?
SB 44 (effective June 12, 2026) creates a potentially-hazardous-cottage-food vendor permit through the WVDA for foods like pickled vegetables, fermented items, and certain refrigerated products that the old shelf-stable path never allowed. The permit is valid in every West Virginia county, but anything produced under the new Article 40 must be sold only within the state. WVDA still has to set the permit's fees, inspections, food-safety training, and labeling rules by rule.
West Virginia cottage food laws: what is the short version?
West Virginia does not require state registration for basic cottage food sales. The cited state sources do not list a revenue cap. West Virginia allows online orders, in-state shipping, seller delivery for cottage food sellers. West Virginia also has a path for prepared or time/temperature-control foods, and that path requires a separate permit.
Do I need a cottage food license or permit in West Virginia?
Not for the basic cottage food path, based on the state sources cited on this page. West Virginia also has a path for prepared or time/temperature-control foods, and that path requires a separate permit. 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 basic cottage food rules mainly cover foods that do not need time or temperature control for safety. West Virginia also has a path for prepared or time/temperature-control foods, and that path requires a separate permit. Common no-go categories include tcs, meat, poultry, fish, shellfish.