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Cottage food laws

West Virginia Cottage Food Law

Can you sell homemade food from your home kitchen in West Virginia? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Cottage Food / Farmers Market Vendor
Annual sales cap
No cap
Where you can sell
Direct/in-personFarmers marketsHome pickupOnlineMail order (in-state)Any in-state venue
Registration / to start
Farmers-market cottage vendors register with WV Dept of Agriculture (free); acidified/non-standard items use the older farmers-market law (must grow own produce)
Allowed foods
Non-PHF foods: baked goods, candies/chocolates, standardized jams/jellies, honey, maple syrup, sorghum, molasses, apple butter; acidified/fermented/eggs via farmers-market law
Not allowed
TCS/PHF foods outside scope; interstate sales
When you need a commercial / commissary kitchen
Selling TCS foods outside scope or interstate requires a licensed kitchen
Administered by
West Virginia Department of Agriculture (WVDA) · W. Va. cottage food / farmers market law (2018)

Source: West Virginia Department of Agriculture (WVDA). Cottage food laws change often — confirm current rules before selling.

Good to know

Since 2018 the WVDA (not local health depts) registers farmers-market cottage vendors. Almost any non-PHF food sellable from any in-state venue incl. online/mail; no cap.

Outgrowing cottage food? When you need a licensed kitchen, see West Virginia food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in West Virginia?
Yes. West Virginia has a cottage food framework (Cottage Food / Farmers Market Vendor) that lets individuals make and sell certain non-hazardous foods from a home kitchen. There is no sales cap. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by West Virginia Department of Agriculture (WVDA).
What foods can I sell under West Virginia's cottage food law?
Non-PHF foods: baked goods, candies/chocolates, standardized jams/jellies, honey, maple syrup, sorghum, molasses, apple butter; acidified/fermented/eggs via farmers-market law Not allowed: TCS/PHF foods outside scope; interstate sales
When do I need a commercial or commissary kitchen in West Virginia?
Selling TCS foods outside scope or interstate requires a licensed kitchen At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in West Virginia?
Farmers-market cottage vendors register with WV Dept of Agriculture (free); acidified/non-standard items use the older farmers-market law (must grow own produce)
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