West Virginia Can you legally sell food from home in West Virginia?
Cottage Food Law
West Virginia has two laws which allow the sale of homemade food.
Most producers who want to sell nonperishable foods would use this law (SB 285). Producers who also want to sell perishable foods (including acidified foods) can do so with their newer law (SB 44).
Under this law, producers in West Virginia can sell almost any type of non-perishable food at any venue within the state (including wholesale, online sales, and mail order).
It is extremely easy for a producer to start selling. There is no permitting process, training requirement, kitchen inspection, or limitation on sales. This law also prevents governments from regulating or prohibiting these sales, unless there is a food safety concern.
Selling Where can you sell homemade food products?
Although the law does not restrict restaurant sales, the ag department has not been allowing restaurants to use cottage food products in their menu items. However, if a restaurant has a retail shop for prepackaged foods, you should be able to sell your products there.
Allowed Foods What food products can you sell from home?
This law only allows the sale of nonperishable foods. If you would like to sell perishable foods (including acidified foods) as well, you can use West Virginia’s newer law.
Please see the Farmers Market Vendors Guide for an extensive list of allowed foods.
To sell honey and pet food/treats, you must register for a special permit with the WVDA Regulatory Division.
Limitations How will your home food business be restricted?
Labeling How do you label cottage food products?
Chocolate Chip Cookies
"This product was produced at a private residence that is exempt from State licensing and inspection. This product may contain allergens."
Forrager Cookie Company
123 Chewy Way, Cookietown, WV 73531
Phone: (123) 456-7890
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)
According to the law, this labeling information must be provided:
- On a label affixed to the package, if the homemade food item is packaged;
- On a label affixed to the container, if the homemade food item is offered for sale from a bulk container;
- On a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container;
- On the webpage on which the homemade food item is offered for sale, if the homemade food item is offered for sale on the Internet; or
- On a receipt or other document provided to the customer with the homemade food item.
If you sell honey, you must also include the net weight on the label, as well as the statement “Please do not feed to infants under 1 year of age.”
Label review services are available by emailing [email protected].
If you don’t want to put your home address on labels, you can use West Virginia’s newer law, which only requires your city, state, and zip code on labels instead.
Resources Where can you find more information about this law?
- Department
- WV Department of Agriculture
- [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.
Regulatory & Environmental Affairs Division
- Department
- WV Department of Agriculture
- [email protected]
- Telephone
- (304) 558-2210
- About
- For labeling information
Business Development Division
For many years, West Virginia had one of the worst cottage food laws in the country, which only allowed a few types of food items to be sold at farmers markets.
Things improved in 2018 with the passage of SB 375, but that still restricted sales to farmers markets.
Then in 2019 they passed SB 285 (this law), which completely revamped their cottage food law and removed most restrictions for selling non-perishable foods. Some types of perishable foods could be sold, but only at farmers markets.
In 2026, they passed SB 44 to allow all direct sales of many types of perishable foods.