Home food business guide · Last reviewed October 2026
Cottage Food Laws in West Virginia
West Virginia has no annual sales cap on most home food sales (No cap). 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, 16 can be made in a home kitchen in West Virginia, many with conditions.
Limited sources. The detailed rules for West Virginia rely on a 2019 statute. They may be out of date or incomplete, so confirm with the state agency before relying on them.
Quick facts
Sales cap
No cap
Permit or registration
None beyond business registration
Online & shipping
Remote sales; delivery by carrier
Sell through stores
Third-party vendors such as retail shops
Refrigerated & TCS foods
No
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 West 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. Non-potentially hazardous baked goods are allowed.
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.
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. Not clearly addressed in the state's guidance; ask the agency.
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.
Infused honey. Not clearly addressed in the state's guidance; ask the agency.
Vanilla extract. Not clearly addressed in the state's guidance; ask the agency.
Mustard (no egg). Not clearly addressed in the state's guidance; ask the agency.
Kombucha. Nonalcoholic beverages are allowed if shelf-stable; kombucha's alcohol and fermentation raise questions.
How to start selling from home
Check that the product doesn't need refrigeration. Meat and poultry are excluded except under federal exemptions.
No state license, permit, or inspection is needed, but register your business name with the state.
Sell in person or remotely, directly or through agents and third-party vendors like retail shops. Delivery by you, an agent, a vendor, or a carrier is allowed.
Give buyers the required information on a label, placard, webpage, or receipt (see the checklist below).
Legal paths
Homemade food items
Where
Your private residence
Sell
In person or remotely, directly or through agents and third-party vendors such as retail shops; delivery by you, an agent, or a carrier
Sales cap
None
Paperwork
None, beyond business name registration
Commercial kitchen
Where
A permitted commercial kitchen
Sell
Refrigerated foods and meat products
Sales cap
None
Paperwork
Health department or WVDA permit; usually FDA registration
Commercial canning
Where
Licensed commercial facility
Sell
Acidified and low-acid canned foods
Sales cap
None
Paperwork
Process authority review, FDA scheduled-process filing
Label requirements
Required by SB 285 on a label, placard, webpage, or receipt.
“This product was produced at a private residence that is exempt from State licensing and inspection. This product may contain allergens.”
Producer's name, home address, and phone number
Common or usual name of the item
Ingredients in descending order of predominance
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.