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Food Freedom (no cap) Last reviewed 2026-09-15

2026 reference

West Virginia Cottage Food Law

West Virginia's cottage food law sets no statewide revenue cap and no state permit or registration is required. Non-potentially hazardous foods (W. Va. Code § 19-35-6): the item must be sold by the producer to the consumer "whether in person or remotely," or by an agent of the producer or a third-party vendor, and delivered by the producer, an agent, a third-party vendor, or a third-party carrier. The statute names "a retail shop or grocery store" as a possible third-party seller (§ 19-35-2). WVDA labeling standards cover food made "for direct, non-wholesale, purchase by consumers," and sales to restaurants or distributors are not addressed. Shipping out of state is not settled: WVDA's Farmers Market Vendor Guide says these foods "may be sold across state lines" if they meet federal and West Virginia rules, but the same guide says selling through an online farmers market outside West Virginia "requires use of a food establishment for production and FDA-compliant label," and § 19-35-6(e) keeps federal law and other states' laws in force. Potentially hazardous cottage foods (W. Va. Code § 19-40, added in 2026): sold under a WVDA permit, and "shall be sold only within the geographic boundaries of the State of West Virginia"; selling them at a farmers market also requires a WVDA Farmers Market Vendor Permit.

Watch for: West Virginia has two different home-kitchen statements. Non-potentially hazardous foods use the 61CSR38 § 7.5.a wording ("non-commercial kitchen"); potentially hazardous cottage foods under the 2026 emergency rule use "non-commercial or home kitchen." The labeling page of WVDA's Farmers Market Vendor Guide (rev. December 2025) prints "non-commercial kitchen establishment," but the legislative rule, WVDA's Labeling Requirements 2026, and WVDA's Labeling FAQ Sheet do not include "establishment." Pickles, sauces, salsas, fermented foods, non-standardized jams and jellies (no sugar added, artificially sweetened, or made with peppers or other uncommon ingredients), cut produce, and foods needing time/temperature control are potentially hazardous and need the WVDA permit, a kitchen inspection billed at $27 per hour, and WVDA label review; canned acidified foods also need process authority approval.

Key facts

Annual revenue cap
No cap
Permit / registration
Not required
Kitchen inspection
Not required
Food handler training
Not required
Acidified foods
Permitted (pH test)
Interstate shipping
In-state only

Where you can sell

Non-potentially hazardous foods (W. Va. Code § 19-35-6): the item must be sold by the producer to the consumer "whether in person or remotely," or by an agent of the producer or a third-party vendor, and delivered by the producer, an agent, a third-party vendor, or a third-party carrier. The statute names "a retail shop or grocery store" as a possible third-party seller (§ 19-35-2). WVDA labeling standards cover food made "for direct, non-wholesale, purchase by consumers," and sales to restaurants or distributors are not addressed. Shipping out of state is not settled: WVDA's Farmers Market Vendor Guide says these foods "may be sold across state lines" if they meet federal and West Virginia rules, but the same guide says selling through an online farmers market outside West Virginia "requires use of a food establishment for production and FDA-compliant label," and § 19-35-6(e) keeps federal law and other states' laws in force. Potentially hazardous cottage foods (W. Va. Code § 19-40, added in 2026): sold under a WVDA permit, and "shall be sold only within the geographic boundaries of the State of West Virginia"; selling them at a farmers market also requires a WVDA Farmers Market Vendor Permit.

  • Direct (in-person)
  • Farmers markets
  • Online (in-state)
  • In-state mail
  • Online order, in-person pickup
  • Retail / grocery
  • Consignment

What's required before your first sale

Non-potentially hazardous foods: no permit, registration, fee, kitchen inspection, or training. When done in conformity with the section and its rules, their production and sale "are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state" (W. Va. Code § 19-35-6(a)), and their vendors are exempt from the Farmers Market Vendor Permit (§ 19-35-3a(d)). A home, farm, community, or commercial kitchen may be used. The products must still be labeled to WVDA labeling standards (§ 19-35-6(c)), producers must still register their business with the state where another law requires it (§ 19-35-6(e)(5)), and WVDA says it may inspect home kitchens based on observed health hazards or consumer complaints. Potentially hazardous cottage foods need a WVDA Potentially Hazardous Cottage Food Vendor Permit, with a WVDA kitchen inspection before the permit is issued (see Special programs).

Allowed and excluded foods

Permitted under cottage food

  • breads, cakes, fruit pies, and other baked goods that are shelf-stable without refrigeration
  • candies
  • honey (the apiarist must be registered with WVDA)
  • tree syrup, apple butter, sorghum, and molasses
  • standardized, nondietary jams and jellies made with sugar
  • dehydrated fruits and vegetables, and freeze-dried foods that were non-potentially hazardous before freeze-drying
  • whole uncut produce
  • commercially harvested mushrooms on WVDA's approved species list
  • canned whole or chopped tomatoes, tomato sauce, and tomato juice having a finished equilibrium pH of 4.6 or below (61CSR38 § 6.1)
  • with a WVDA Potentially Hazardous Cottage Food Vendor Permit: canned acidified foods (pickles, sauces, salsas, fermented products), non-standardized jams and jellies, cut produce, and foods requiring time/temperature control

Excluded from cottage food

  • meat, meat products, poultry, poultry products, seafood, and Grade A dairy products (excluded from cottage foods by W. Va. Code § 19-40-1)
  • wild-harvested mushrooms and sprouted seeds
  • potentially hazardous foods sold without a WVDA permit, including canned acidified foods, jams and jellies with no sugar added, artificial sweeteners, peppers, or other uncommon ingredients, cut produce, and foods requiring time/temperature control

Label requirements

  • Non-potentially hazardous foods (W. Va. Code § 19-35-6(c); legislative rule 61CSR38 § 7): every required element must be of a size and style easily legible to the average person:
  • — Statement of identity (the common name of the product); WVDA says it must be on the principal display panel
  • — Company name of the producer, packer, or distributor, with a statement of the relationship if the name is not the actual producer
  • — City, state, and ZIP code of the producer, packer, or distributor (no street address is required)
  • — Ingredients in descending order by weight, beginning "Ingredients:" (single-ingredient products included)
  • — Net contents or numerical count in the bottom third of the primary label panel, in U.S. measures followed by the metric equivalent in parentheses; hand-written net contents are allowed if legible
  • — A statement of the major food allergens placed directly below the ingredient list and beginning "Contains"
  • — Safe handling instructions, such as freezing or refrigeration requirements, when applicable
  • — Verbatim statement required by 61CSR38 § 7.5.a: "This 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."
  • Non-potentially hazardous foods may carry a label affixed to the package, or the label information may instead be displayed on a placard at the point of sale if the item is not packaged or displayed in a bulk container, provided on a receipt or other document, or published on a website if the product is sold online (61CSR38 § 7.5.c)
  • Potentially hazardous cottage foods (61CSR42 § 6, emergency rule filed June 1, 2026): the same elements plus any required date or lot codes, WVDA label review before sale, and the verbatim statement: "This product was made in a non-commercial or home kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement."
How Ardent Seller helps

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Adjacent programs

Potentially Hazardous Cottage Food Vendor Permit (W. Va. Code § 19-40; 61CSR42)

Created by 2026 Senate Bill 44 (passed March 14, 2026; in effect June 12, 2026) and implemented by the 61CSR42 emergency rule WVDA filed on June 1, 2026. Required to sell potentially hazardous homemade foods such as canned acidified foods (pickled products, sauces, salsas, fermented products, acidified fruits, vegetables, and condiments, and non-standardized jams and jellies), cut produce, and foods requiring time/temperature control. WVDA inspects the kitchen before issuing the permit and bills $27 per hour, excluding travel, for inspections; the permit is valid in all counties. Canned acidified foods need process authority approval, ingredient and lot records, and Better Process Control School or other higher-level food safety training; other potentially hazardous foods need a food handler card or higher-level training. Every label goes to WVDA for review and must carry the verbatim statement "This product was made in a non-commercial or home kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement." Products may be sold only in West Virginia. Meat, meat products, poultry, seafood, and Grade A dairy products are excluded.

Farmers Market Vendor Permit (W. Va. Code § 19-35-3a; 61CSR38)

$35/year

Needed to sell potentially hazardous foods at a farmers market, including products covered by a Potentially Hazardous Cottage Food Vendor Permit (61CSR42 § 9.2). WVDA lists a $35 annual registration fee, an annual kitchen inspection, WVDA label review, and approved training. Vendors selling only non-potentially hazardous foods or fresh, uncut produce are exempt.

Sources

Reference content only — not legal advice. State laws change frequently. Verify against the official source before launching.

Tools that work with West Virginia

Revenue cap tracker

Enter your year-to-date gross sales and see how close you are to the No cap cap.

50-state PDF guide

Printable reference covering every state with quick-scan cards.

Compare with nearby states

KY High cap

Kentucky

$60,000

MD High cap

Maryland

$100,000

OH No cap

Ohio

No cap

PA No cap

Pennsylvania

No cap (Limited Food Establishment)

VA No cap

Virginia

No cap (Home Food Processing); $9K sub-cap on acidified

Run your West Virginia cottage food business in one place

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