Yes, Virginia permits the sale of certain homemade foods under the Cottage Food Law, but strict limitations apply. Non-perishable items like baked goods, jams, and candies may be sold without a permit, while perishable goods require commercial compliance. Local health departments enforce these rules, and recent 2026 amendments may expand permissible products.
Key Regulations for Selling Homemade Food in Virginia
- Permitted Foods: Only non-potentially hazardous foods (e.g., bread, cookies, granola) may be sold under the Cottage Food Law. Perishable items (e.g., custards, cream pies) are prohibited unless produced in a licensed kitchen.
- Labeling Requirements: All cottage foods must include the producer’s name/address, ingredients, allergens, and the statement “Made in a Cottage Food Operation That Is Not Subject to Virginia’s Food Safety Regulations.”
- Sales Channels: Direct-to-consumer sales (e.g., farmers’ markets, online) are allowed, but wholesale distribution requires a commercial kitchen inspection by the Virginia Department of Agriculture and Consumer Services (VDACS).
Local health departments, such as the Fairfax County Health Department, may impose additional restrictions. The 2026 Virginia Cottage Food Law revisions could introduce new licensing exemptions for low-risk products, but producers must monitor VDACS updates. Violations may result in fines or mandatory commercial kitchen compliance.