West Virginia Perishable Foods Can you legally sell food from home in West Virginia?
Cottage Food Law
In 2026, West Virginia passed SB 44 to allow many types of homemade perishable foods to be sold.
Producers should only use this law if they want to sell perishable foods (including acidified foods). Producers who only want to sell non-perishable foods are better off using West Virginia’s older cottage food law.
Under this law, producers can sell perishable products directly to consumers within the state. Wholesale is not allowed, but producers can use West Virginia’s other law to wholesale non-perishable foods as well.
There is no sales limit, but producers must first adhere to multiple requirements, including getting a cottage food vendor permit, taking a food safety training course, and getting a kitchen inspection.
There are additional requirements for producers who want to sell acidified foods, fermented foods, low-acid canned foods, or non-standard jams/jellies, which include recordkeeping, water testing, product approval, and extensive training.
Selling Where can you sell homemade food products?
Although you can’t wholesale with this law, you can wholesale non-perishable foods using West Virginia’s other law.
Allowed Foods What food products can you sell from home?
If you only want to sell non-perishable products, you should use West Virginia’s other cottage food law. This law governs the sale of many types of perishable homemade foods, as specified below.
Products that contain meat, poultry, seafood, Grade A dairy, sprouted seeds, and wild-harvested mushrooms are not allowed. All other food products are allowed.
To sell perishable products, you must get a cottage food vendor permit.
The following foods are considered “perishable” and require a cottage food vendor permit:
- Acidified foods (e.g. pickles, salsas, sauces, condiments, etc)
- Fermented foods
- Non-standard jams & jellies
- Low-acid canned foods
- Cut produce
- Perishable baked goods
- Infused syrups & honeys (e.g. flavored syrups)
- Freeze dried foods that were perishable before freeze drying
- All other perishable foods
Acidified foods (e.g. pickles, salsas, sauces, etc), fermented foods, and non-standard jams & jellies also require additional business requirements.
Limitations How will your home food business be restricted?
Business What do you need to do to sell food from home?
To sell perishable products, you must apply for a cottage food vendor permit.
Permits must be renewed every two years on January 1st.
If you only want to sell at a farmers market and you already have a Farmers Market Vendor Permit for the perishable products you want to sell, you don’t need to get a cottage food permit.
To sell perishable products, you must take a basic food safety training course, such as ServSafe’s Food Handler Course, which costs about $12 and can be completed online in a couple of hours.
To sell perishable products, you must get your kitchen inspected when you apply for a vendor permit and each time you renew it.
Kitchen inspections cost $27/hour.
The list of items the inspector will check can be found in WVDA Rule 61-42-8.
When you apply for a cottage food vendor permit, you must list which perishable products you intend to sell. You can only sell products approved and listed on your permit.
If you want to sell perishable products at a farmers market, you also need to get a Farmers Market Vendor Permit in addition to the cottage food vendor permit.
If you sell acidified foods, fermented foods, low-acid canned foods, or non-standard jams/jellies, you must keep continuous production records of those items. The records must include:
- Product name
- Number of units prepared
- Raw ingredients used
- Raw ingredient sources
- Date/lot code
- Distribution location(s)
If you want to sell acidified foods, fermented foods, low-acid canned foods, or non-standard jams/jellies, you must complete training at a Better Process Control School or a higher-level equivalent.
If you want to sell acidified foods, fermented foods, low-acid canned foods, or non-standard jams/jellies, each of those products must be approved by a process control authority.
If you have a private water source (e.g. private well) and sell acidified foods, fermented foods, low-acid canned foods, or non-standard jams/jellies, you must have your water tested annually.
Labeling How do you label cottage food products?
Chocolate Chip Cookies
"This product was made in a non‐commercial or home kitchen that may not be subject to inspection and may contain cross‐contact allergens not included in the allergen statement."
Forrager Cookie Company
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)
If you list a business name (other than your personal name), you must specify the relation of the business to the product (e.g. producer, packer, distributor, etc).
You need to include your city, state, and zip code on your labels.
Your ingredient list needs to start with “Ingredients:” followed by the list.
Major allergens must be listed directly below the ingredient list and need to start with “Contains” followed by the allergens.
If the product is perishable, your label must include safe handling instructions for freezing, refrigeration, and heating when applicable.
If the product is an acidified food, fermented food, low-acid canned food, or non-standard jam/jelly, your label must include the date/lot code.
Resources Where can you find more information about this law?
- Department
- West Virginia Department of Agriculture
- [email protected]
- Telephone
- 304-558-2227
Regulatory & Environmental Affairs Division
Before this law was passed in 2026, West Virginia had an older law that allowed producers to sell acidified foods at farmers markets. Technically that law is still in effect, but this law has effectively replaced it.