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West Virginia Acidified Foods

West Virginia’s main cottage food law allows many types of homemade food to be sold. Producers can use both laws (that newer one, and the one listed below) if they wish.

This older law is still useful for those who want to sell acidified foods (pickled products, sauces, salsas, etc), non-standard jellies (pepper jelly), non-standard fruit butters (pumpkin butter), fermented foods, or eggs at a farmers market.

Those who sell acidified foods must grow the majority of the produce in them. For instance, those who grow green beans in their garden or on their farm can produce and sell pickled green beans.

Before selling these items, producers must obtain a permit for $35. Depending on the items, there may be some other process control requirements. Sales are limited to farmers markets or “online farmers markets”.

Selling

Online sales are only allowed at “online farmers markets”, which are defined as “a market in which two or more vendors collectively market farm and food products and retain ownership of those products until they are sold”.

Call the WVDA Regulatory & Environmental Affairs Division at 304-558-2227 to see if you can sell your items outside of farmers markets.

Starting a cottage food business?

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Top 10 Mistakes To Avoid When Starting A Cottage Food Business

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Allowed Foods

Prohibited Foods

You can use WV’s cottage food law to sell other types of homemade foods.

Please see the Farmers Market Vendors Guide for more information about allowed foods.

If you sell acidified foods, you must grow the majority of the produce in them. For instance, you could sell pickled green beans if you grow the green beans in your garden or on your farm.

If you sell acidified foods (pickled products, sauces, salsas, etc), non-standard jellies (pepper jelly), non-standard fruit butters (pumpkin butter), fermented foods, or eggs at a farmers market, you need to get a Farmers Market Vendor Permit. Call the WVDA Regulatory & Environmental Affairs Division at 304-558-2227 to see if you can sell these items outside of farmers markets.

You do not need a permit for selling tomato sauce, tomato juice, and canned tomatoes at farmers markets.

To sell eggs, you must register for a special permit with the WV Department of Agriculture.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations

Limitations
There is no sales limit

Business

Farmers Market Vendors Permit

You must obtain a farmers market vendor permit, which costs $35.

Labeling

Sample Label

Chocolate Chip Cookies

"MADE IN A WV HOME KITCHEN" (10-point type)


Forrager Cookie Company

123 Chewy Way, Cookietown, WV 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)


The statement “MADE IN A WV HOME KITCHEN” needs to be in capital, bold, 10-point type, and you can replace the word “HOME” with “FARM”, “COMMUNITY”, or “COMMERCIAL” if you use another type of kitchen.

Resources

Contacts

Stacy Hammack

Organization
WV Department of Agriculture
Department
Regulatory & Environmental Affairs Division
Email
[email protected]
Telephone
(304) 558-2227
About
For general questions, farmers market vendor registration, and information about selling acidified and fermented foods outside of farmers markets.

Buddy Davidson

Organization
WV Department of Agriculture
Department
Business Development Division
Email
[email protected]
Telephone
304-558-2210
About
For labeling information
Law Dates
June 2018
SB 375

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Starting a cottage food business?

DOWNLOAD THIS FREE GUIDE

Top 10 Mistakes To Avoid When Starting A Cottage Food Business

(Some of them just might surprise you!)

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