West Virginia Acidified Foods Can you legally sell food from home in West Virginia?
Cottage Food Law
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 Where can you sell homemade food products?
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.
Allowed Foods What food products can you sell from home?
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.
Limitations How will your home food business be restricted?
Business What do you need to do to sell food from home?
Labeling How do you label cottage food products?
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 Where can you find more information about this law?
- WV Department of Agriculture
- Regulatory & Environmental Affairs Division
- (304) 558-2227
- For general questions, farmers market vendor registration, and information about selling acidified and fermented foods outside of farmers markets.
- WV Department of Agriculture
- Business Development Division
- For labeling information
- June 2018
- SB 375