Last verified 16 Sep 2026 · Sources
Virginia’s home food processing exemption (Va. Code § 3.2-5130) lets you sell non-potentially-hazardous foods from home, like baked goods, candy, jams, and dried goods, without a VDACS permit or inspection. There’s no general revenue cap, though acidified foods top out at $9,000 a year and honey at 250 gallons. The one fixed label requirement is the statute’s own disclaimer sentence, plus your name, address, and processing date. A real Nutrition Facts panel isn’t required unless your product carries a nutrient claim or moves into a wholesale, retail, or out-of-state channel the exemption doesn’t cover.
| Quick facts | Virginia |
|---|---|
| Revenue cap | None, except $9,000/yr for acidified foods |
| Permit or registration | None; exempt from inspection and the annual fee |
| Sales channels | Direct, farmers markets, and online/phone within VA |
| Online sales | In-state only |
| Required label statement | “NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION” |
| Nutrition Facts panel | Not required unless you make a nutrient claim |
| Administered by | Virginia Department of Agriculture and Consumer Services (VDACS) |
| Governing law | Va. Code § 3.2-5130 (Home Food Processing Exemption) |
What Virginia lets you sell from home
The exemption (sometimes called the “kitchen bill”) covers foods that don’t need refrigeration to stay safe: candies, jams and jellies, dried fruit, nuts, baked goods, and similar shelf-stable items (VDACS home kitchen exemption FAQ, https://www.vdacs.virginia.gov/pdf/kitchenbillfaq.pdf). Two categories get their own limits inside the same statute: acidified vegetables (pickles and similar products at pH 4.6 or below) are capped at $9,000 in gross annual sales, and honey from your own hives is capped at 250 gallons a year. Foods that require time or temperature control for safety (meats, dairy, cut produce, cream-filled items) sit outside the exemption entirely, along with canned fermented, low-acid, and acid canned goods; those need a licensed, inspected food establishment. VDACS’s FAQ and application materials are the source to check for a specific product, since this is a general description, not an exhaustive list.
Permits, registration, and the revenue cap
There’s no permit, license, or registration to file for this exemption. The statute excuses qualifying home producers from the inspection VDACS otherwise requires for food establishments, and VDACS’s own materials note that an exempt producer no longer pays the annual inspection fee (VDACS kitchen bill FAQ, https://www.vdacs.virginia.gov/pdf/kitchenbillfaq.pdf). The exemption itself carries no overall revenue cap; the $9,000 acidified-food limit and the 250-gallon honey limit are the only caps in the statute, and each is measured on its own product category rather than total sales. The most recent change is House Bill 402 (2026, c. 605), effective 1 Jul 2026, which expanded allowed sales channels and label options without adding any new permit or fee.
Where you can sell
Before 1 Jul 2026, sales under this exemption were in-person only: at your home, farmers’ markets, and temporary events of up to 14 consecutive days, with no online ordering or remote payment. HB402 changed that: the amended statute now allows you to accept an order and payment “through the internet, or by phone,” with delivery “in person, by mail, or by delivery service” (Va. Code § 3.2-5130, https://law.lis.virginia.gov/vacode/3.2-5130/). That sale still has to go to an individual buyer physically located in Virginia, for their own consumption. HB402 did not extend the exemption to interstate shipping, wholesale accounts, or retail-shelf placement. Any of those still require the commercial licensing and inspection this exemption specifically excuses a home producer from.
What has to be on the label
Every exempt product needs:
- The statute’s exact disclaimer statement (below)
- Producer’s name
- Producer’s physical address or, as of the 2026 amendment, a P.O. box
- Producer’s telephone number
- The date the food was processed
- For honey specifically, an added infant-warning line
“NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION”
(Va. Code § 3.2-5130, https://law.lis.virginia.gov/vacode/title3.2/chapter51/section3.2-5130/)
Honey carries an additional required sentence: “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.” The statute treats both statements as fixed wording, not a paraphrase-friendly suggestion. Print them as written.
When you need a Nutrition Facts panel
Cottage food sold under Virginia’s home food processing exemption is not required to carry a Nutrition Facts panel. That changes in two situations. First, a nutrient content or health claim (“low sugar,” “high fiber,” anything that makes a claim about a nutrient) on a package or in an ad requires a compliant panel built under 21 CFR 101.9, regardless of sales channel; the disclaimer statement doesn’t substitute for it. Second, moving into a channel the exemption doesn’t cover (wholesale, retail-shelf placement, distributor relationships, or shipping across state lines) requires commercial licensing and inspection, and a licensed product needs standard nutrition labeling. If you make acidified foods, there’s a third trigger: crossing the $9,000 annual gross-sales cap moves that product line out of the exemption on its own.
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Virginia cottage food FAQ
Do I need a permit to sell homemade food in Virginia?
No. Virginia's home food processing exemption (Va. Code § 3.2-5130) excuses qualifying home producers from the inspection and permit VDACS otherwise requires, and there's no separate registration fee for it.
What has to be on a Virginia cottage food label?
The statute requires the fixed statement \"NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION,\" plus your name, address (a P.O. box is allowed as of the 2026 amendment), phone number, and the processing date.
Can I sell my cottage food products online in Virginia now?
Yes, as of 1 Jul 2026 under House Bill 402 (2026, c. 605). You can take orders and payment online or by phone and have the order delivered in person, by courier, or by mail, but only to an individual buyer inside Virginia, for their own use.
Is there a sales cap for my Virginia cottage food sales?
There's no general revenue cap on the exemption itself. Acidified foods like pickles are capped at $9,000 in gross annual sales, and honey is capped at 250 gallons a year from your own hives.
Does Virginia require a Nutrition Facts label on cottage food?
No, not under the home food processing exemption. A Nutrition Facts panel becomes necessary once your product carries a nutrient content or health claim, or once it moves into wholesale, retail, or out-of-state sales that require commercial licensing.
What foods can't be made under Virginia's home food exemption?
Anything that needs time or temperature control to stay safe (meats, dairy, cut produce, cream fillings), along with canned fermented, low-acid, or acid canned goods, falls outside the exemption and needs a licensed, inspected food establishment instead.
Nearby states
Selling into a neighboring state means that state’s rules apply there: Maryland, North Carolina, West Virginia, Tennessee. See the full state-by-state table.