Virginia — the rules
Selling Food From Home in Virginia: Cottage Food Rules (2026)
Yes — you can legally sell food made in your home kitchen in Virginia, under the Home Kitchen Food Processing Exemption. There is no state sales cap on the books. Here is exactly what that means.
Virginia at a glance
| Home food sales | Allowed |
| Program | Home Kitchen Food Processing Exemption |
| Annual sales cap | None specified |
| Sales channels | Direct to consumers (see details — many direct-only states still allow online orders with delivery) |
What foods are covered
Low-risk shelf-stable foods with no cap: baked goods, candies, jams/jellies, dried fruits/herbs, dry mixes, dried pasta, roasted coffee, granola, nuts, vinegars, popcorn; pickles and acidified vegetables (pH 4.6 or lower) allowed but capped at $9,000/yr; direct-to-consumer sales (farmers markets etc.); as of July 1, 2026 orders may be taken online/by phone, but no wholesale/retail resale
Permits and registration
None - no VDACS permit, no inspection, no registration, no training, no fee; label must carry producer name/address/phone, processing date, and the statement 'NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATE INSPECTION'
Going legal in Virginia: the plate-seller checklist
- Read the primary source (linked below) — caps and food lists are specific and they change.
- Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
- Get your free EIN at irs.gov and open a separate account for food money.
- Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
- Build the storefront — a menu page, order-ahead with cutoffs, your own business line. Our free guide covers the whole playbook.
Sources and verification
Verified 2026-07 against: www.vdacs.virginia.gov · www.vdacs.virginia.gov · www.pickyourown.org. Rules change — confirm with the primary source before acting; this guide is information, not legal advice.
Questions people ask
Is it legal to sell food from home in Virginia?
Yes — under Home Kitchen Food Processing Exemption. Allowed foods and channels are specific; check the primary source.
How much can you sell under Virginia's cottage food law?
Virginia does not specify a state sales cap in the current rules.
Do you need a permit to sell food from home in Virginia?
None - no VDACS permit, no inspection, no registration, no training, no fee; label must carry producer name/address/phone, processing date, and the statement 'NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATE INSPECTION'