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West Virginia

West Virginia is very specific and restrictive about their cottage food laws.  They only let you sell at in-state farmers markets and some types of events, and only certain food items are allowed.

Selling

Allowed Foods

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

Registration

Producers must register before selling their items at a farmers market or event. The completed registration form must be sent to the local health department for the county of the event.

Labeling

Sample Label

Chocolate Chip Cookies

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)


For products that do not contain a major food allergen, a placard may be placed at the point of sale as a replacement for individual labels.

Resources

Contacts

Linda Whaley

Job Title
Food Program Manager
Organization
WV Department of Health
Telephone
304-558-6727

Jessica Lucas

Job Title
Assistant, Food Program
Organization
WV Department of Health
Telephone
304-558-6999

Teresa Halloran

Job Title
Labeling
Organization
WV Department of Agriculture
Telephone
304-558-2210
Law Dates
July 2009
Farmers Market Guide

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Comments

    John – I’m sorry to say the answer is no. I work for the Institute for Justice, a non-profit organization that works to change restrictive cottage food laws. West Virginia’s cottage foods laws are very restrictive. We’d like to change them to allow sales from home (including online), not just at events or farmers’ markets. If you are interested in selling cottage food from home and online let us know, we’d like to help! You can email me at [email protected]. Thank you! –Erica Smith

    Dear Thomas–Currently, West Virginia does not allow the sale of homemade cheese or other homemade dairy products, but we are trying to change that. I’m an attorney the Institute for Justice, a non-profit organization that works to change restrictive cottage food laws. We’d like to change West Virginia’s cottage food law to allow almost all homemade foods, including cheese. Our bill will be introduced this January in the legislature. If you are interested in learning more, please email me at [email protected]. Thank you! –Erica Smith

    Dear Steve–Currently, West Virginia does not allow the sale of salad/dip sauce or other products that need refrigeration, but we are trying to change that. I’m an attorney the Institute for Justice, a non-profit organization that works to change restrictive cottage food laws. We’d like to change West Virginia’s cottage food law to allow almost all homemade foods, similar to the laws in Wyoming and North Dakota. Our bill will be introduced this January in the legislature. If you are interested in learning more, please email me at [email protected]. Thank you! –Erica Smith

There are some people here in small town West Virginia that have been selling goods made from home to people that work in government offices and local restaurants. Please beware of those that are not licensed, and don’t be afraid to ask for their credentials. Making goods from home is as critical as making them from a restaurant environment. These individuals must meet the same criteria.

    Dear Missy– I’m sorry to say the answer is no. I work for the Institute for Justice, a non-profit organization that works to change restrictive cottage food laws. West Virginia’s cottage foods laws are very restrictive. We’d like to change them to allow sales from home (including online), not just at community events or farmers’ markets. Our bill will be introduced this January in the legislature. If you are interested in learning more, you can email me at [email protected]. Thank you! –Erica Smith

(1) Do you know if West Virginia individuals are exempt from paying sales tax? If not, how does that process work?
(2) Does it cost anything to turn in a Registration form to the health department? (3) Do I need any other paperwork completed before I start selling?

    Dear Emily– I work for the Institute for Justice, a non-profit organization that works to change restrictive cottage food laws. West Virginia’s cottage foods laws are very restrictive. We’d like to change them to allow sales from home (including online), not just at community events or farmers’ markets. Our bill will be introduced this January in the legislature. If you are interested in learning more, you can email me at [email protected]. Thank you! –Erica Smith

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