Three home food exemptions in one law
Virginia has no stand-alone cottage food act. Food manufacturers normally need a VDACS permit and inspection, and section 3.2-5130 carves out three exceptions for food made in the producer's own private home:
| Exemption | What it covers | Sales limit |
|---|---|---|
| Low-risk foods, (C)(3) | Baked goods, candy, jams, dry mixes and similar foods | None |
| Acidified vegetables, (C)(4) | Pickles and vegetables with an equilibrium pH of 4.6 or lower | $9,000 a year |
| Honey, (C)(5) | Pure honey from your own hives | Less than 250 gallons a year |
Each exemption needs the producer's own home. VDACS can still inspect an exempt home kitchen if a consumer complains.
Which low-risk foods you can sell
The statute lists the foods by name. None of them may need time or temperature control after preparation.
- Baked goods
- Candies
- Jams and jellies
- Dried fruits
- Dry herbs and seasonings
- Dry mixtures
- Coated and uncoated nuts
- Vinegars
- Popcorn and popcorn balls
- Cotton candy
- Dried pasta
- Dry baking mixes
- Roasted coffee
- Dried tea
- Cereals, trail mixes and granola
VDACS gives examples. Cookies, fruit pies, muffins, sourdough and plain breads or cakes may qualify. Cheesecake, cream pies, custards, meringues, and cakes filled or topped with fresh fruit, curd, whipped cream, mousse or cream cheese may not. Breads with fresh cheese, herbs or vegetables on top or inside are also out.
Jams must not be low-acid or acidified low-acid foods. Blueberry, grape, peach and strawberry may qualify. Apple butter, banana jam, fig jam, lavender jelly, pepper jelly and zucchini or carrot cake jam may not. When a recipe sits on the line, a food processing authority can test it.
Process Authority →Pickles and acidified vegetables
Pickled vegetables, relishes, chow-chow and acidified salsa may qualify if the finished equilibrium pH is 4.6 or below. Barbecue sauce, hot sauce, fresh salsa, pepper jelly, salad dressings, canned fruits and low-acid canned vegetables do not.
Each product you sell needs its own pH test, done with a pH meter or by a lab. VDACS says paper strips are not accurate enough. Then track sales: together, your acidified products stay at or under $9,000 in gross sales a year.
Where and how you can sell
Low-risk foods and pickles follow the same sales rules: anywhere, any channel, as long as the buyer is an individual in Virginia who eats the food. You may advertise online.
| Way of selling | Allowed? |
|---|---|
| In person, at any location | Yes |
| By phone or through the internet | Yes, to individuals in Virginia |
| Delivery in person, by mail or by a delivery service | Yes, within Virginia |
| Stores, resale or consignment | No |
| Restaurants or other retail food establishments | No |
| Other businesses, or across state lines | No |
Exempt honey is different: VDACS lists no restrictions on where or how it is sold.
When you need a VDACS permit
Want to sell to a coffee shop, ship to another state, make cheesecake or pass $9,000 in pickles? Then you move to a VDACS Food Safety Program permit: your operation gets inspected and pays $40 a year in inspection fees. Breaking the home exemption rules is a Class 1 misdemeanor, so make the switch before you sell.
FDA Food Labeling Requirements →