Virginia cottage food law for home bakers

The short version

Virginia needs no permit, license, registration or inspection for baked goods sold direct to a Virginia consumer, sets no dollar cap on them (a $9,000 cap applies only to pickles and acidified vegetables), and since July 2026 lets you take the order online or by phone.

The label carries your name, address, phone number and the date processed, no minimum type size named.

Registering

The rule is administered by Virginia Department of Agriculture and Consumer Services; the guide reads Va. Code § 3.2-5130(C)(3)-(4), as amended by 2024, c. 131 (HB 759) and 2026, c. 605 (HB 402).

Nothing to file, no fee, no inspection before you start, as long as your kitchen and your products stay inside the exemption. The Department can still come look if a consumer complains.

Where you can sell, and whether online counts

Since July 2026 you can take an order at any location, on the internet, or by phone, and deliver it in person, by mail, or by a delivery service, all to a Virginia resident buying for their own use. Nothing may cross the state line, go to a store or restaurant, or be resold.

What goes on the label

A label on the main display panel, or a sign if the package is too small to carry one, needs your name, your address or PO box, your phone number, the date it was made, and the sentence above. No minimum type size is named in the statute.

• Your name
• Your physical address or post office box number
• Your telephone number
• The date the food product was processed

What you can bake and sell

Baked goods, candies, jams and jellies (as long as they are not low-acid or acidified), dried fruit and dry mixes keep at room temperature and stay yours to sell. Anything that needs the fridge or freezer after it is made does not qualify.

• Allowed: Baked goods, candies, jams and jellies that are not low-acid or acidified, dried fruits, dry mixes and similar foods that keep at room temperature without refrigeration
• Not allowed: Anything that needs time or temperature control after it is made, and low-acid or acidified jams or jellies

The sales cap

Virginia sets no cap on cottage food sales.

See what your state allows, online orders included, with the cottage food sales cap checker.

What changed

July 1, 2026: 2026, c. 605 (HB 402): allows online and phone orders and delivery by mail or delivery service, still only to a consumer in Virginia; expanded the allowed food list to include dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes and granola.

July 1, 2024: 2024, c. 131 (HB 759): raised the acidified-vegetables and pickles cap from $3,000 to $9,000 a year.

Questions people ask

Do I need to register to sell cottage food in Virginia?

No, Virginia does not require registration. Exempt from the permit, inspection and license requirements that apply to a food establishment, as long as you meet the home-kitchen conditions in the statute. Fee: None.

What is the cottage food sales cap in Virginia?

Virginia sets no cap on cottage food sales.

Can I take orders online in Virginia?

Yes, you can take orders online. You can hand an order over in person or send it anywhere inside the state.

Can I deliver or ship cottage food in Virginia?

Delivery is allowed. Shipping inside the state is allowed.

What does my Virginia cottage food label need to say?

The label must say: NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION.

Sources

Laws change; check the linked source before you sell.

• Code of Virginia § 3.2-5130law.lis.virginia.gov
• VDACS: Virginia's Home Kitchen Food Processing Exemptions (fact sheet, rev. 07/2024)vdacs.virginia.gov
• Constitution of Virginia, Article IV, Section 13, effective dateslaw.lis.virginia.gov