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  • Running a bake sale for a charitable cause falls under different rules, but in this case it sounds like the funds would be for your family’s use (not donated to a nonprofit).

    So in that case, if we want to get really technical, the answer is yes, in CA you’d need a permit to legally sell baked goods, and zoning laws might prevent you from selling…[Read more]

  • I see now. Have you contacted the ag dept to verify that they do, in fact, permit home food processing establishments? The law is there in theory, but I still have yet to see one implemented. I know a number of counties don’t allow them at all.

    So if they will allow one with zoning approval, then I think it’s just a matter of education for the…[Read more]

  • As an addendum to the above post. As I understand it, Certification of a Home Food Processing Operation in the State of Virginia requires inspection by the Virginia Dept of Agriculture & Consumers Services (VDACS), which is different than inspection to become a commercial food business by the local health department.

  • Hi David, Thanks for responding. I have a lot of interest from retail shops interested in purchasing my baked goods. So I have been looking into becoming a certified CFO in the state of VA. Part of the application process requires that I include written zoning approval, which would come from the County of Middlesex. I had a brief conversation…[Read more]

  • Who is requesting that you get a zoning variance? Is it your city/county to approve a general business license? Or is it your HOA? Considering the nature of the lots in your HOA and your plan to be delivery only, I would be surprised if the HOA board disallowed your business, even if there’s something in the CCRs saying you can’t run a home…[Read more]

  • Has anyone successfully received a zoning variance for a CFO within their HOA? CfO would operate as delivery only, so there would be no increased traffic in the neighborhood. Also, all lots in the HOA are at least 3-5 acres, so no neighbors can be seen from my home. Any tips for working with the HOA and/or Zoning Board? I’m assuming I will n…[Read more]

  • Michelle D Perez posted an update in the group Virginia 1 year, 10 months ago

    questions on the home food processing exemptions
    Hello everyone! I am trying to navigate the requirements to sell baked goods under the food processing exemptions. I see that we cannot sell on-line (from my understanding, you can advertise but not conduct any money transactions on-line), we do not have to pay the annual $40 to VDACS but I cannot…[Read more]

    • There’s a good chance that you need to get a general business license from your city or county, and they might be able to answer tax questions. Since you can’t get ahold of the ag dept, I’d recommend starting selling and not waiting on them. I have not heard of any specific restrictions against using buttercream frosting or using meringue powder.

  • Good evening!

    You are not able to sell online under regular cottage food operations. If you would like to sell online and/or ship items (as we do), you would have to become a home food manufacturer/processor, which requires an application and inspection by VDACS. The process is rigorous but worth investing the time and effort if you have…[Read more]

  • HI, Lisa. Sorry I saved the email notification, but the weeks got away from me. Unfortunately, you are correct that we aren’t allowed online sales where there is a shopping cart and payment option. I, too, have a website and a Facebook page (as well as a Google business profile and Instagram). I post my menu options in the various places and…[Read more]

  • I’m wondering who’s active on this forum. I’d love to hear from others in VA. I’m confused about some of our laws regarding the restriction on online sales. I have a website. I have a Facebook page. Customers want to pay at checkout when they order. Are we really restricted from collecting payment online? This is how most people make payments…[Read more]

  • For the fruit blossoms, I don’t know but I doubt it. For the second, it probably depends on your county. Some counties will be very strict and will say no to anything that’s not on the official state list of allowed foods. Either way, I recommend that you contact your local environmental health dept for clarification on whether you can make these items.

  • Thank you so much for your timely (and insightful), very much appreciated! I had a follow-up question: are fruit blossoms considered fruits under the Cottage Food Law or would they be another category? And I guess a second question, lol – are DIY saline solutions something covered by the Cottage Food Law (the saline solution would be dialed in for…[Read more]

  • They mean 70 proof alcohol that’s flavored with those (and only those) items. Here are the categories:
    Apple * Apricot * Blackberry * Blueberry * Cherry * Chocolate * Clove *
    Cinnamon * Cranberry * Grapefruit * Lemon * Lime * Orange * Peach * Pear
    * Pineapple * Pomegranate * Raspberry * Strawberry * and Vanilla

    You wouldn’t be able to use the…[Read more]

  • I read this the newest version of the Approved Cottage Foods list (Sept 15, 2022): “EXTRACTSCONTAININGATLEAST70PROOFOR35%FOOD-GRADEFOR HUMAN CONSUMPTION ETHANOL/ALCOHOL.
    Only those listed or combinations of those listed are allowed.”
    – This sounds interesting but I am trying to figure out what they mean by extracts? Do they mean like tinctures and…[Read more]

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