West Virginia Cottage Food Law: Labels, Limits & When You Need Nutrition Facts

Last verified 16 Sep 2026 · Sources

West Virginia’s cottage food law doesn’t require a Nutrition Facts panel. It requires a specific label disclaimer instead, and, as of 12 Jun 2026, a new permit if you sell “potentially hazardous” cottage foods, a category the state didn’t allow at all before this year. Shelf-stable products need no state permit; potentially hazardous ones need a WVDA permit and kitchen inspection. Either way, the label rule that matters most is the disclaimer’s exact wording, set by department rule rather than left to paraphrase. A real Nutrition Facts panel only becomes necessary once you make a nutrient content or health claim, or move into a sales channel the cottage food law doesn’t cover (W. Va. Code § 19-35; West Virginia Department of Agriculture).

Quick facts	West Virginia
Revenue cap	None
Permit or registration	None for shelf-stable foods; potentially hazardous foods need a permit + inspection, $27/hr
Sales channels	Direct, in person or remote, within state only
Online sales	In-state only
Required label statement	“This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.”
Nutrition Facts panel	Not required unless you make a nutrient claim or go wholesale/retail
Administered by	West Virginia Department of Agriculture (WVDA), Regulatory and Environmental Affairs Division
Governing law	West Virginia Code § 19-35 and 61 CSR 38

What West Virginia lets you sell from home

West Virginia’s cottage food statute (W. Va. Code § 19-35) splits products into two tracks. Non-potentially-hazardous foods (shelf-stable items like baked goods, candy, and dry mixes that don’t need refrigeration) have been sellable under a straightforward exemption since 2019 under Senate Bill 285, with no state permit required for that category (W. Va. Code § 19-35-6). Potentially hazardous foods (the statute’s term for items needing time/temperature control, plus acidified, pickled, and fermented products) were off-limits to home producers until Senate Bill 44 (2026) took effect on 12 Jun 2026, opening that category to permitted producers for the first time (West Virginia Watch). Grade A dairy and meat products remain outside the cottage food law entirely under either track. This is a general description, not a full product list; check WVDA’s own page for a specific product.

Permits, registration, and the revenue cap

For the non-potentially-hazardous track, there’s no state permit or registration to file. Potentially hazardous cottage foods, newly allowed under SB 44, work differently: you need a Potentially Hazardous Cottage Food Vendor Permit from WVDA before selling, issued after a mandatory kitchen inspection (WVDA: Potentially Hazardous Cottage Foods). There’s no flat permit fee. WVDA charges $27 per hour for the kitchen inspection, excluding travel time, prorated as needed (2026 emergency rule, § 8.2). For acidified foods, pickles, salsas, and similar fermented items, the application also requires a completed WVDA label review and process authority approval, plus water source documentation if you’re on a private well; it goes to WVDA’s Regulatory Programs Division (WVDA application). Neither track sets a revenue or unit cap; volume by itself doesn’t move you out of either exemption.

Where you can sell

Non-potentially-hazardous cottage food can be sold to a consumer in person or remotely, including through an agent or third-party vendor, per § 19-35-6. Potentially hazardous cottage food, once permitted, follows the same in-state-only rule. Both tracks keep sales inside West Virginia; neither covers shipping out of state or sales through a licensed commercial food establishment, wholesaler, or distributor. Farmers-market sales of potentially hazardous foods also require a farmers market vendor permit under a related section of the same chapter (W. Va. Code § 19-35-5).

What has to be on the label

WVDA’s labeling rule (61 CSR 38-7) sets these requirements for cottage food labels:

Product/company name, city, state, and zip code of the producer (with a clarifying statement if the named party didn’t make the item)
Ingredients listed in descending order by weight, beginning with “Ingredients:”, required even for single-ingredient products
An allergen statement directly below the ingredient list, beginning with “Contains,” naming the applicable major allergens (milk, egg, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame)
Net contents in standard U.S. measures with a metric equivalent in parentheses
The required disclaimer, verbatim, placed in the bottom third of the primary label panel alongside net contents, in type that’s easily legible to the average person

“This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.”

(61 CSR 38-7, § 7.5.a; the 2026 rule for potentially hazardous cottage foods, 61 CSR 42, § 6.3.9, uses the same sentence with “non-commercial or home kitchen.”)

When you need a Nutrition Facts panel

Two triggers move you off the cottage food exemption and onto a standard Nutrition Facts label built under 21 CFR 101.9:

You outgrow the cottage food channels. Selling through a licensed commercial food establishment in a way that requires that establishment’s own food permit, or shipping outside West Virginia, moves your product into commercial food-establishment territory rather than the cottage food exemption.
You make a claim. A package or ad stating something like “low fat” or “high protein” needs a compliant panel behind it, whether the product is sold as cottage food or not. The home-produced disclaimer doesn’t cover that.

West Virginia’s non-potentially-hazardous track carries no state revenue cap, so, unlike some states, volume by itself doesn’t force this transition for that category. The potentially hazardous permit doesn’t add one either: neither SB 44 nor WVDA’s 2026 rule sets a revenue or unit cap.

Once your product moves into that territory (a wholesale account, a retail shelf, or a claim on the package), expect to need a panel built to 21 CFR 101.9: the correct serving size from the Reference Amount Customarily Consumed (RACC) tables in 21 CFR 101.12, proper rounding, and an allergen “Contains” statement covering the nine major allergens under FALCPA and the FASTER Act.

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West Virginia cottage food FAQ

Do I need a permit to sell cottage food in West Virginia?

Not for shelf-stable, non-potentially-hazardous foods like baked goods or candy. No state permit is required for that track. Potentially hazardous foods, allowed since Senate Bill 44 took effect on 12 Jun 2026, need a Potentially Hazardous Cottage Food Vendor Permit from WVDA plus a kitchen inspection first.

Is there a revenue cap for West Virginia cottage food sales?

No. Neither W. Va. Code § 19-35 nor WVDA's 2026 rule for potentially hazardous foods sets a sales-dollar or unit cap for either track, as of September 2026.

What exact wording does my West Virginia cottage food label need?

WVDA's labeling rule (61 CSR 38-7) requires, word for word: \"This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.\" The 2026 rule for potentially hazardous foods uses the same sentence with \"non-commercial or home kitchen.\"

Can I sell cottage food online or ship it out of state from West Virginia?

You can sell online or remotely to a West Virginia consumer, including through an agent or third-party vendor, but the law doesn't cover shipping outside West Virginia; sales have to stay inside the state.

What changed for West Virginia cottage food in 2026?

Senate Bill 44 opened up potentially hazardous foods (items needing time/temperature control, plus acidified, pickled, and fermented products) to permitted home producers for the first time, effective 12 Jun 2026. That category was off-limits under the cottage food law before this change.

When does West Virginia require a real Nutrition Facts panel?

Cottage food is exempt from FDA nutrition labeling until you make a nutrient content or health claim, or move into a channel outside the cottage food law, like a licensed commercial establishment or out-of-state sales. At that point a standard 21 CFR 101.9 panel applies.

Nearby states

Selling into a neighboring state means that state’s rules apply there: Virginia, Kentucky, Ohio, Pennsylvania, Maryland. See the full state-by-state table.

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