Virginia calls its cottage food rules the "private home" exemption, found in § 3.2-5130 of the Code of Virginia. In 2026 the General Assembly passed HB 402 (2026 Acts of Assembly, Chapter 605, approved April 13, 2026). It widened where and how home producers can sell. Virginia also has a separate, permitted Home Food Processing Operation path for products that don't fit the exemption. Contact the Virginia Department of Agriculture and Consumer Services (VDACS) about that one.
No permit, no routine inspection
Under the exemption, a private home making the listed foods isn't subject to VDACS inspection. VDACS may still investigate a complaint.
What you can make
As amended by HB 402, the exemption covers:
- Candies
- Jams and jellies that aren't low-acid or acidified
- Dried fruits and dry herbs
- Seasonings and dry mixes
- Coated and uncoated nuts
- Vinegars and flavored vinegars
- Popcorn and popcorn balls
- Cotton candy
- Dried pasta
- Dry baking mixes
- Roasted coffee and dried tea
- Cereals, trail mixes, and granola
- Baked goods that don't need time or temperature control for safety
Two products have their own rules:
- Pickles and acidified vegetables. These must have an equilibrium pH of 4.6 or below, and gross sales are capped at $9,000 a year.
- Honey. It must come from your own hives, with production of under 250 gallons a year.
Where you can sell
HB 402 lets you sell:
- In person, anywhere in Virginia, including from your home, at farmers' markets, and at temporary events (lasting 14 days or less)
- Online or by phone, delivered in person, by mail, or by a delivery service, to an individual in Virginia for their own use
You can't sell for resale or consignment, or to retail food establishments. Sales must stay inside Virginia.
The Virginia label
Products must carry a label on the principal display panel. For packages too small for a label, use a sign at the point of sale. The label shows:
1. Your name 2. Your physical address or a post office box 3. Your telephone number 4. The date the product was processed 5. This statement: "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION"
Honey carries its own statement instead: "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old."
Virginia's statute doesn't list ingredients or net weight for exempt foods. Federal allergen rules and buyer expectations still make an ingredient list and a "Contains" line a good idea.
What's next
HB 402 directs a work group to study home food production further and report to the General Assembly before the 2027 session. Expect more changes.
Effective date
Virginia acts usually take effect on July 1 of the year they pass. We've assumed HB 402 took effect on July 1, 2026. Confirm with VDACS before relying on the mail and delivery provisions.
Nutrition Facts
Virginia's exemption doesn't require a Nutrition Facts panel. Nutrient claims ("low sugar", "high protein") bring in federal rules, and so might selling beyond the exemption. For dry mixes sold "as packaged" and "as prepared", the dual-column two-forms format shows both.
Official source
Virginia Department of Agriculture and Consumer Services — Home kitchen FAQ (PDF). Bill text: HB 402 (2026), Chapter 605 (PDF).
Label formats for Virginia
Virginia cottage food questions
Can I ship cottage food in Virginia?
Under HB 402 (2026), yes. You can deliver by mail or delivery service to individuals in Virginia for their own use.
What does a Virginia cottage food label say?
"NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION", plus your name, address or PO box, phone, and the date processed.
Is there a sales cap in Virginia?
There's no general cap. Pickles and acidified vegetables are limited to $9,000 a year in gross sales.
Can I sell cottage food to a café in Virginia?
No. Exempt products can't be sold for resale, on consignment, or to retail food establishments.