Can I sell pickles or salsa from my home kitchen?

Yes, with a potentially hazardous cottage food vendor permit from WVDA. With that permit you don't also need a food establishment permit to sell from home.

Can I ship cottage food in West Virginia?

Shelf-stable food can be delivered by a third-party carrier. Potentially hazardous cottage food may only be sold within West Virginia.

Can my city or county stop me from selling homemade bread?

The state law preempts local governments from banning or regulating shelf-stable homemade food sales. They keep control over space rentals at government facilities, government events and temporary events of 14 days or less.

Does a West Virginia cottage food label need Nutrition Facts?

WVDA's rule follows FDA labeling and doesn't add a panel of its own. Small producers often fall under FDA's small business exemption, which holds until you print a nutrition claim. Not sure where you stand? Take our free quiz.

6 min read

West Virginia Cottage Food Law

West Virginia cottage food law splits homemade food in two. Shelf-stable foods like bread, cakes, candy, honey and standard jams need no license, permit or inspection, and you can sell them in person, online or through a store. Potentially hazardous foods, like canned pickles, salsas and sauces, need a WVDA cottage food vendor permit and are sold only inside West Virginia.

Make a West Virginia label West Virginia label rules

West Virginia cottage food law: map of the United States with West Virginia highlighted

Shelf-stable foodsNo permitExempt from state licensing, permitting and inspection when made and labeled under the WVDA rules.W. Va. Code §19-35-6

Potentially hazardous foodsWVDA permitOne potentially hazardous cottage food vendor permit, valid in every county.W. Va. Code §19-40-2

Sales capNone setNeither cottage food statute puts a dollar limit on sales.

Stores and shippingShelf-stable OKThird-party vendors can sell shelf-stable homemade food, and a carrier can deliver it.

Two tracks in the West Virginia cottage food law

Which rules you follow depends on one question: does the food need time or temperature control to stay safe? If not, it is a nonpotentially hazardous food under §19-35-6, the most open track. If it does, it falls under Article 40, Cottage Foods, and needs a permit.

W. Va. Code §19-40-1A "cottage food" is a food item for human consumption that is produced and, if packaged, packaged at the residential property of the producer and sold directly to a consumer. It excludes meat, meat products, poultry, poultry products, seafood and Grade A dairy products.

Shelf-stable foods: no permit

Making and selling nonpotentially hazardous food is exempt from West Virginia's licensing, permitting, inspection, packaging and labeling laws, as long as you follow §19-35-6 and WVDA's legislative rules. WVDA's farmers market rule gives examples of foods in this group:

Breads
Cakes
Candies
Honey
Tree syrup
Apple butter
Molasses
Standardized jams and jellies
Dehydrated fruits and vegetables

You may work in a home, farm, community or commercial kitchen, as WVDA determines. Counties and cities can't ban or regulate these sales, except for space rentals at government facilities, government events and temporary events of 14 days or less.

Potentially hazardous foods: the cottage food vendor permit

Think canned acidified foods: pickled products, sauces like hot sauce or marinara, salsas, fermented products, acidified fruits and vegetables, acidified condiments and non-standardized jams and jellies. WVDA's rule says acidified foods count as potentially hazardous, and so does any food that needs time or temperature control.

Apply to the West Virginia Department of Agriculture (WVDA) for a potentially hazardous cottage food vendor permit
The permit is valid in all counties, and you need no separate food establishment permit to sell from home
No separate farmers market vendor permit is needed when you sell under the cottage food permit
WVDA sets the conditions, which can include inspections and extra licenses or certifications
Sell only within West Virginia

If your local health department believes there is an imminent health hazard, it can stop production, in consultation with WVDA, until the problem is fixed. Labels for potentially hazardous foods from a home, farm or community kitchen go to WVDA for review.

Where and how you can sell shelf-stable foods

Way of selling	Allowed?
In person, at markets, events or your home	Yes
Remotely, online or by phone	Yes
Through your agent or a third-party vendor, like a store	Yes
Delivered by you, your agent, a vendor or a third-party carrier	Yes
To other states	Only under that state's rules and federal law

The exemption doesn't reach tax laws, the state's business registration rules, federal law or the laws of other states. Those still apply in full.

Selling beyond West Virginia

Potentially hazardous cottage food stays in West Virginia by law. Shelf-stable food can travel, but then federal rules apply: an ingredient list, net quantity in two units, the allergen line and usually a Nutrition Facts panel.

FDA Food Labeling Requirements →

The label

What your West Virginia cottage food label must say

WVDA's labeling rule applies to anything made or packed in the state for direct sale to consumers, whether it comes from a home, farm or commercial kitchen. Shelf-stable food may instead show the label details on a placard, a receipt or your website.

Make my West Virginia label West Virginia label rules

1
Statement of identity
The common name, like "Cinnamon swirl bread" or "Apple butter".
2
Company name, city, state and ZIP
Of the producer, packer or distributor, with "Packed by" or similar if you are not the producer.
3
Ingredients
Starting with "Ingredients:", heaviest first, even for a single-ingredient product.
4
Net contents
In the bottom third of the main panel, U.S. units first and metric in parentheses. Handwritten is fine for shelf-stable food.
5
Allergens
A "Contains" line directly below the ingredients, naming the type of tree nut, fish or shellfish.
6
Safe handling instructions
When they apply, like keeping a product refrigerated or frozen.
Required statement, word for wordCopy exactlyThis product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.

Sources

Where this comes from

Questions