Virginia Home Food Processing Operation Can you legally sell food from home in Virginia?

Cottage Food Law

Unlike almost every other state, Virginia allows people to operate very unrestricted food businesses out of their homes. Their food laws are very different than most states, written in such a way that there is not any distinction between a food business that uses a commercial kitchen versus a home kitchen. Instead, the distinction is provided by the ag department.

However, because these home food businesses have so few restrictions, the setup process is relatively complicated, compared to most states’ cottage food laws. Fortunately, Virginia also has a cottage food law which exempts some types of producers from needing to go through this process or get their kitchen inspected.

Producers under these rules can sell at any venue, either directly or indirectly, and they can make any product that does not contain meat. The somewhat complicated setup process includes a lengthy application, a kitchen inspection, and required training for acidified food products. Home food processing operations are charged a $40 annual fee.

Considering the low startup cost and the fact that this type of home food business is impossible in almost all states, Virginia’s food laws and rules are very friendly to home cooks.

Table of Contents

Selling Allowed Foods Limitations Business Labeling Resources Forum

Selling Where can you sell homemade food products?

Allowed Venues

Events Farmers markets Home Online Restaurants Retail stores Roadside stands

Allowed Services

Delivery Home Pickup Mail order

Prohibited Services

Catering

Although not specified, it is unlikely that you will be able to serve food at your home, due to zoning restrictions.

To start a catering business, you need to use a commercial kitchen.

Allowed Foods What food products can you sell from home?

Candy

Brittles Buttercream frosting Candies Chocolate Cotton candy Fudge Truffles

Condiments

Honey Ketchup Mustards Nut butters Oils Pickles Salsas Sauces Syrups Vinegars

Dry goods

Cereals Coffee beans Dried fruit Dried vegetables Herbs Mixes Pasta noodles Spices & Seasonings Tea leaves

Other

Carbonated drinks Extracts Fermented foods Frozen produce Hardboiled whole eggs Juices Kombucha

Pastries

Churros Cones Danish Empanadas & Tamales Other Pastries Pies

Preserves

Acidified foods Applesauce Chutneys Fruit butters Jams & jellies Marmalades Other Preserves

Snacks

Candied apples Caramel corn Chocolate-covered fruit Chocolate-covered items Crackers & Pretzels Fruit leathers Granola Kettle corn Marshmallows Nuts & seeds Popcorn Vegetable chips

Prohibited Foods

Meat jerkies

There are probably more prohibited foods, but the ones above have been confirmed

Any food item that does not contain meat is allowed. To sell meat-containing products, you need to contact the VDACS Office of Meat and Poultry Services at 804-786-4569.

Limitations How will your home food business be restricted?

Limitations

Pets restricted Smoking prohibited

There may be more limitations, but the ones above have been confirmed

There is no sales limit

If you have an uncaged pet, your kitchen and storage areas must have doors that will prevent the animal from accessing those areas at all times.

Business What do you need to do to sell food from home?

Application

The application for a home food processing operation includes a number of requirements:

Business information
Kitchen and storage area diagram
Information sheets for each product (including full recipes and process plans)
Labels for each product
Product distribution plan
List of sources for all ingredients

Kitchen inspection

After submitting your application, an inspector will come to inspect your home kitchen. You cannot start your business until your kitchen has been approved.

Although not initially levied, your business will be charged a $40 annual inspection fee, regardless of whether an inspector comes to your home every year.

For more info about the inspection and annual fee, read the department’s inspection FAQs.

Zoning approval

Contact your zoning office to get approval to operate a home business.

Private well testing

If your water comes from a private well, you must get it tested, which would incur additional fees.

Acidified Foods Course

If you make acidified foods (pickled goods, salsas, sauces, etc), you need to complete a Better Control Process School training course for acidified foods, which costs about $250. Contact your ag department to learn about upcoming courses.

Acidified Foods Process Approval

If you make acidified foods (pickled goods, salsas, sauces, etc) or items containing garlic in oil, the production processes for those products need to be approved by a processing authority. More information about finding a processing authority can be found in the application.

Labeling How do you label cottage food products?

Label Requirements

Allergens Business address Business name Ingredients Net amount Product name

Sample Label

Chocolate Chip Cookies

Forrager Cookie Company

123 Chewy Way, Cookietown, VA 73531

Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)

Contains: milk, eggs, wheat, soy

NET WT 2 lb 4 oz (1.02 kg)

More detailed labeling information can be found in the application.