West Virginia cottage food law for home bakers

The short version

West Virginia effectively runs two tiers: an unrestricted, no-permit tier for nonpotentially-hazardous baked goods (§ 19-35-6), and a brand-new, permit-and-inspection tier for potentially-hazardous items (Article 40, added by SB 44 and in force only since June 12, 2026) that lets a baker also sell things like cheesecake if she gets a kitchen inspection, training certificate, and (if not on municipal water) a water test.

The nonpotentially-hazardous tier is one of the most venue-permissive of any cottage food law: in-person, remote/online, third-party agents, and third-party delivery carriers are all named as allowed in the statute itself.

Registering

The rule is administered by West Virginia Department of Agriculture (WVDA); the guide reads For ordinary (nonpotentially hazardous) home-baked goods: W. Va. Code § 19-35-6 (Chapter 19, Article 35, originally titled for "Farmers Markets" but reaching any nonpotentially-hazardous home food sale since it was rewritten by H.B. 2633 in 2021). For potentially hazardous cottage foods (e.g., cheesecake, or fermented/acidified items): new W. Va. Code §§ 19-40-1 to 19-40-6 (Article 40, "Cottage Foods"), added by Senate Bill 44, 2026 Regular Session, effective June 12, 2026.

No registration or fee for the standard (nonpotentially-hazardous) tier; the potentially-hazardous tier requires an actual WVDA permit application and a pre-issuance kitchen inspection, but WVDA's page does not state a permit fee.

Where you can sell, and whether online counts

Every West Virginia sales channel (online, remote, mail-style delivery, third-party carrier) is explicitly named as allowed for nonpotentially-hazardous food, but everything must stay inside West Virginia. The potentially-hazardous permit is explicit that "products may only be sold within the geographic boundaries of West Virginia," and the same conservative in-state-only default is applied to the nonpotentially-hazardous tier since it likewise isn't affirmatively extended to out-of-state sale.

What goes on the label

Unlike Mississippi or New Mexico, West Virginia's statute does not fix an exact verbatim label sentence for the ordinary nonpotentially-hazardous tier; it delegates that to a WVDA legislative rule, which was not separately tracked down in this pass.

The statute requires nonpotentially-hazardous cottage food to be "labeled in compliance with the department's labeling standards" and to "provide information about their content and sources" (§ 19-35-6(c)); the exact required wording is fixed by WVDA legislative rule, not spelled out verbatim in the statute itself.

• Content and source information per WVDA's labeling standards (set by legislative rule, not quoted in the statute)
• For potentially-hazardous cottage foods under the new Article 40 permit: WVDA "Process Authority" label review is required for several product categories

What you can bake and sell

The Grade A dairy and meat/poultry/seafood exclusions apply across BOTH tiers: getting the potentially-hazardous permit does not open the door to selling those categories at all.

• Allowed: Nonpotentially-hazardous (shelf-stable, non-time/temperature-control-for-safety) home-baked goods and similar items, sold without a permit under § 19-35-6. Separately, a producer who obtains WVDA's Article 40 Potentially Hazardous Cottage Food Vendor Permit (kitchen inspection required) may also sell potentially-hazardous items such as cheesecake, plus canned acidified foods, fermented products, pickled products, salsas, hot sauces, and cut produce, generally after WVDA process-authority/label review and, for some categories, a training certificate.
• Not allowed: Grade A dairy products and meat/meat products/poultry/poultry products/seafood are excluded from "cottage food" entirely, with or without the Article 40 permit, and must go through the state's regular dairy/meat inspection regimes instead.

The sales cap

West Virginia sets no cap on cottage food sales; neither the nonpotentially-hazardous exemption (§ 19-35-6) nor the new potentially-hazardous permit article (Article 40) sets a revenue cap. The 2021 date marks H.B. 2633's rewrite of § 19-35-6 into its current, venue-unrestricted form; H.B. 2633's exact 2021 effective day was not confirmed..

Work out how much room you have left this year with the cottage food sales cap checker.

Questions people ask

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

No, West Virginia does not require registration. No cottage-food permit or registration to sell nonpotentially-hazardous foods (§ 19-35-6(a) exempts this from licensing and permitting outright); ordinary state business/tax registration still applies under § 19-35-6(e), which is a general business-law matter, not a food-specific requirement. Selling potentially-hazardous cottage foods (e.g. cheesecake, acidified or fermented items) instead requires an Article 40 Potentially Hazardous Cottage Food Vendor Permit from WVDA, valid statewide, which does require a pre-issuance kitchen inspection. Fee: Not stated. The statute does not name a cottage-food-specific fee for either the nonpotentially-hazardous exemption or the potentially-hazardous permit; WVDA's own guidance page on the potentially-hazardous permit does not state a fee amount either.

Has the cottage food sales cap in West Virginia changed over time?

no cap from January 1, 2021.

Can I take orders online in West 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 West Virginia?

Delivery is allowed. Shipping inside the state is allowed.

What does my West Virginia cottage food label need to say?

The label must include: Content and source information per WVDA's labeling standards (set by legislative rule, not quoted in the statute), For potentially-hazardous cottage foods under the new Article 40 permit: WVDA "Process Authority" label review is required for several product categories.

Sources

• W. Va. Code § 19-35-2, Definitionscode.wvlegislature.gov
• W. Va. Code § 19-35-6, Nonpotentially Hazardous Foodscode.wvlegislature.gov
• W. Va. Code § 19-35-1, Legislative findings and purposecode.wvlegislature.gov
• W. Va. Code Article 40, Cottage Foods (table of contents)code.wvlegislature.gov
• W. Va. Code § 19-40-1, Definitions (Cottage Foods)code.wvlegislature.gov
• W. Va. Code § 19-40-2, Potentially hazardous cottage food vendor permitscode.wvlegislature.gov
• W. Va. Code § 19-40-3, Role of local health departments in cottage foodscode.wvlegislature.gov
• WV Department of Agriculture, Potentially Hazardous Cottage Foods guidance pageagriculture.wv.gov