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Cottage food laws

Virginia Cottage Food Law

Can you sell homemade food from your home kitchen in Virginia? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Home Food Processing Exemption
Annual sales cap
No cap for most foods; $9,000 sub-cap for acidified foods (pickles/salsa/hot sauce/relish, pH ≤4.6)
Where you can sell
Direct/in-personFarmers marketsHome pickupOnline advertising allowed (but online SALES prohibited)
Registration / to start
No permit for exempt foods; labeling required
Allowed foods
Cookies, baked goods, jams, candies, dried products, vinegars, popcorn (no cap); pickles, salsa, hot sauce, chow-chow, relish (pH ≤4.6, $9,000 sub-cap)
Not allowed
TCS/refrigerated foods, meat, low-acid canned goods; online/remote sales (direct sale required)
When you need a commercial / commissary kitchen
Exceeding the $9,000 acidified sub-cap, selling TCS foods, or selling online/wholesale requires a licensed kitchen
Administered by
Virginia Department of Agriculture & Consumer Services (VDACS) · Va. Code § 3.2-5130; HB 759 (2024)

Source: Virginia Department of Agriculture & Consumer Services (VDACS). Cottage food laws change often — confirm current rules before selling.

Good to know

HB 759 (2024) raised the acidified-foods sub-cap from $3,000 to $9,000 and explicitly permits online advertising while still requiring the actual sale to be direct (no online sales).

Outgrowing cottage food? When you need a licensed kitchen, see Virginia food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in Virginia?
Yes. Virginia has a cottage food framework (Home Food Processing Exemption) that lets individuals make and sell certain non-hazardous foods from a home kitchen. Annual sales are capped at No cap for most foods; $9,000 sub-cap for acidified foods (pickles/salsa/hot sauce/relish, pH ≤4.6). You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by Virginia Department of Agriculture & Consumer Services (VDACS).
What foods can I sell under Virginia's cottage food law?
Cookies, baked goods, jams, candies, dried products, vinegars, popcorn (no cap); pickles, salsa, hot sauce, chow-chow, relish (pH ≤4.6, $9,000 sub-cap) Not allowed: TCS/refrigerated foods, meat, low-acid canned goods; online/remote sales (direct sale required)
When do I need a commercial or commissary kitchen in Virginia?
Exceeding the $9,000 acidified sub-cap, selling TCS foods, or selling online/wholesale requires a licensed kitchen At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in Virginia?
No permit for exempt foods; labeling required
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