Yes, selling homemade food in West Virginia is permitted under specific conditions outlined by the West Virginia Department of Health and Human Resources (DHHR) and the West Virginia Food Safety Program. The state allows cottage food operations, exempting certain low-risk foods from commercial kitchen requirements, provided producers comply with labeling and sales restrictions. Recent 2026 updates to the West Virginia Food Law clarify cottage food exemptions, requiring registration with local health departments and adherence to packaging standards.
Key Regulations for Selling Homemade Food in West Virginia
- Permitted Foods: Only non-perishable, low-risk items such as baked goods, jams, granola, and dried herbs qualify under cottage food exemptions. Perishable foods, including dairy, meat, or canned goods requiring refrigeration, remain prohibited without a commercial kitchen license.
- Registration Requirements: Producers must register with the DHHR’s Food Safety Program and obtain a Cottage Food Operation permit. Local health departments may impose additional inspections or fees, particularly in counties with stricter enforcement.
- Labeling and Sales Limits: All products require labels listing ingredients, allergens, the producer’s name/address, and the statement “Made in a Home Kitchen.” Sales are restricted to direct-to-consumer transactions (e.g., farmers markets, online orders) and cannot exceed $15,000 in annual revenue per operation.