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W. Va. Code §19-35-5 (Cottage foods, acidified foods, non-potentially hazardous foods); W. Va. Code St. R. §64-102-2High confidence

Cottage food law · West Virginia

West VirginiaCottage Food Law

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

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

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

W. Va. Code §19-35-5 (Cottage foods, acidified foods, non-potentially hazardous foods); W. Va. Code St. R. §64-102-2

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

YesYes

Shipping

YesYes

Seller delivery

YesYes

Third-party delivery (DoorDash, Uber Eats)

ConditionalConditional

Interstate sales

NoNo

Wholesale to retail stores

NoNo

Registration & 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

Prohibited categories

What you can't sell under cottage food rules.

  • 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.

  1. Confirm your products qualify

    Verify your menu fits West Virginia's cottage food rules. Most states restrict temperature-controlled, meat, seafood, and low-acid canned items; check the prohibited-foods list above.

  2. Label every product correctly

    Every label must include your name (or registered ID), product name, ingredients, allergens, and the statute-required disclaimer verbatim.

  3. Start taking orders

    West Virginia allows online orders, in-state shipping, seller delivery. Route orders through your own channels.

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. We’re the reason this guide exists: we had to research every state’s cottage food rules to build the product, and we’re publishing what we learned.