Virginia cottage food law: the home kitchen exemption

Under section 3.2-5130, the exemption covers a private home where the resident prepares foods that need no time or temperature control after preparation. The list in the statute:

• Candies, jams and jellies that are not low-acid or acidified low-acid foods
• Baked goods, dried fruits, dry herbs, dry seasonings and dry mixtures
• Coated and uncoated nuts, popcorn, popcorn balls and cotton candy
• Vinegars and flavored vinegars, dried pasta and dry baking mixes
• Roasted coffee, dried tea, cereals, trail mixes and granola
• Pickles and other acidified vegetables with a pH of 4.6 or lower, with a $9,000 yearly cap
• Honey from your own hives, if you sell less than 250 gallons a year

Anything that needs time or temperature control after preparation is outside the list. Products must be sold to an individual in Virginia for their own use, not for resale or on consignment. They cannot be offered for use or consumption in retail food establishments.

The Virginia Department of Agriculture and Consumer Services (VDACS) says it is unlawful to operate as a food manufacturer, food storage warehouse or retail food establishment until inspected and issued a permit. That includes private homes. The exemption is the exception to that rule.

Exempt private homes are not subject to the chapter's permit and inspection requirements or inspection fees. The statute lists no registration, no training requirement and, for baked goods and the other foods in subdivision 3, no gross-sales limit.

The one dollar limit is for pickles and other acidified vegetables, which may not exceed $9,000 in gross sales in a calendar year. VDACS may still inspect if it receives a consumer complaint. If you run a food business that does not qualify, you need a permit, and operating without one is a Class 1 misdemeanor.

The statute says qualifying foods may be "sold at any location, through the internet, or by phone to an individual in the Commonwealth," and "delivered in person, by mail, or by delivery service to an individual in the Commonwealth." It also says you may advertise on the internet. Pickles and acidified vegetables use the same wording.

The key limit is geography: buyers must be individuals in Virginia. No resale and no consignment.

Each product must carry the statement "NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION." If the package is too small for a label, you can offer the product with a sign showing the same information.

• Your name
• Your address or P.O. box, and your phone number
• The processing date
• The not-for-resale statement
• Honey carries its own wording, including the warning not to feed honey to infants under one year old

• Check every product against the statute's list and keep refrigerated foods off your menu.
• If you make pickles, test pH to 4.6 or below and track the $9,000 cap.
• Print labels with your name, address or P.O. box, phone, processing date and the statement.
• Sell only to individuals in Virginia, never for resale.
• Check your city or county for zoning and home-occupation rules.
• Read VDACS's home kitchen exemption FAQ for the details.
• Re-read the statute before you launch. Its history shows an amendment in 2026.

Virginia names internet and phone sales and lets you deliver in person, by mail or by delivery service, so pickup.kitchen fits the whole flow. You get yourname.pickup.kitchen with a menu, photos and checkout, and payments go to your own Stripe account.

Pickup windows suit door pickup and market days. Slots close when full, and order cutoffs let you plan a weekly bake. If you deliver yourself, the delivery tools plan the route and send it to your phone, with a photo at the door.

Add the not-for-resale statement and your processing date to each dish description so buyers see it before they pay. Your customer list keeps every Virginia buyer for the next drop. Free onboarding, pay as you use.

Checked November 2026 against the official Virginia sources linked below. Laws change, so open the official page before you print labels or take your first order.

This is a plain-language summary, not legal advice. Check with your state and county before you sell.