Home food business guide · Last reviewed October 2026
Cottage Food Laws in Virginia
Virginia has no annual sales cap on most home food sales (No cap; $9,000 for acidified foods). No state food permit is required for cottage food, though local requirements may still apply. Foods that need refrigeration have to be made in a commercial kitchen. Of the 40 common products in our finder, 18 can be made in a home kitchen in Virginia, many with conditions.
Virginia's home food processing exemption is simple. Low-risk foods made in a private home need no permit, inspection, or fee, and they can be sold by phone or online and shipped by mail within Virginia.
Virginia is also one of the few states that allows pickles, salsa, and hot sauce from a home kitchen, up to $9,000 a year in sales. The finished product must reach a pH of 4.6 or below, measured with an electronic pH meter. In general, pH strips are less precise than a calibrated meter, especially near that threshold. Pepper jelly, however, is specifically excluded even though salsa is allowed, so it is important to check the exempt list for each product.
Quick facts
Sales cap
No cap; $9,000 for acidified foods
Permit or registration
None
Online & shipping
Phone, online, and mail within Virginia
Sell through stores
No stores, restaurants, or resale
Refrigerated & TCS foods
No; pickles and acidified salsa allowed up to $9,000 a year
Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.
How 40 common products are treated in Virginia, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.
Allowed from a home kitchen
Sourdough bread. Unfilled breads, cakes, cookies, muffins, and sourdough are on Virginia's low-risk list.
Cookies & brownies. Unfilled breads, cakes, cookies, muffins, and sourdough are on Virginia's low-risk list.
Strawberry jam. Jams and jellies like strawberry, blueberry, grape, and peach are allowed.
Shelf-stable salsa. Acidified salsa with a finished pH of 4.6 or below is allowed, within the $9,000 yearly cap for acidified vegetables. Hot sauces are excluded.
Hot sauce. Acidified salsa with a finished pH of 4.6 or below is allowed, within the $9,000 yearly cap for acidified vegetables. Hot sauces are excluded.
Canned pickles. Pickled vegetables, relishes, and chow-chow are allowed at pH 4.6 or below, within the $9,000 yearly cap.
Granola. Granola, trail mix, dry seasonings, and dry mixes are on the low-risk list.
Garlic or herb-infused oil. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Home-cooked meals. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Prepared meals need refrigeration, so they're made in a permitted commercial kitchen.
Kombucha. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Fermented beverages need a commercial kitchen, and producers monitor alcohol, since at 0.5% ABV or more it is treated as an alcoholic beverage.
Regulated separately
Beef jerky. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Meat products need USDA or state meat inspection, regardless of kitchen.
Cheese & yogurt. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Dairy products are licensed separately, through the state's dairy program.
Cold-pressed juice. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Juices aren't home-kitchen foods. Wholesale juice needs a Juice HACCP plan with a 5-log pathogen reduction.
Ask the agency first
Cake with buttercream. Buttercream may or may not need refrigeration depending on the recipe; VDACS reviews it.
Macarons. Not clearly addressed in the state's guidance; ask the agency.
Fruit tamales. Not clearly addressed in the state's guidance; ask the agency.
Nut butter. Coated and uncoated nuts are listed; nut butters aren't.
Mustard (no egg). Condiments other than those listed aren't covered.
How to start selling from home
Check that the product is on Virginia's exempt list and doesn't need refrigeration. VDACS may review the recipe or ask for lab tests.
No permit, inspection, or fee is needed for exempt products made in your own home.
Pickles and acidified vegetables need a finished pH of 4.6 or below (use an electronic meter) and are capped at $9,000 a year in sales.
Sell only to Virginia consumers, in person, by phone, or online, and deliver in person, by mail, or by delivery service.
Label every product (see the checklist below).
Legal paths
Home food processing exemption
Where
Your own private home
Sell
Directly to Virginia consumers, in person, by phone, or online, with delivery in person, by mail, or by delivery service. No stores, restaurants, or resale.
Sales cap
None for low-risk foods; $9,000 a year for pickles and acidified vegetables; 250 gallons of honey
Paperwork
None
Commercial kitchen
Where
A permitted commercial kitchen
Sell
Wholesale, stores, restaurants, and refrigerated foods
Sales cap
None
Paperwork
VDACS permit; usually FDA registration
Commercial canning
Where
Licensed commercial facility
Sell
Hot sauces, pepper jelly, canned sauces, and low-acid foods
Sales cap
None
Paperwork
VDACS permit, process authority review, FDA scheduled-process filing
Label requirements
Required by VDACS on exempt low-risk and acidified products. Put the first items on the front of the package.
“NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”. On the front panel.
Name, physical address or P.O. box, and phone number. On the front panel.
Date processed. On the front panel.
Product name and net weight
Ingredients and sub-ingredients
Honey only: “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.”
Turning a recipe into a product?
Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.