Home Kitchen Laws in Virginia

Home kitchen laws in Virginia

The plain-English guide to selling food from home in Virginia.

Which laws apply

Home food processing exemption — low-risk foods (§ 3.2-5130(C)(3))
Home food processing exemption — acidified vegetables (§ 3.2-5130(C)(4))
Home food processing exemption — honey (§ 3.2-5130(C)(5))
Permitted Home Food Processing Operation (VDACS Food Safety Program inspection + $40 annual fee)

Allowed foods

Exempt tier (no permit, no inspection): low-risk foods listed in § 3.2-5130(C)(3) — baked goods, candies, cereals, coated/uncoated nuts, cotton candy, dried fruits, dried pasta, dried tea, dry baking mixes, roasted coffee, dry herbs, dry seasonings, dry mixtures, trail mixes, granola, jams and jellies (only those NOT low-acid or acidified low-acid), popcorn and popcorn balls, vinegars and flavored vinegars — all must NOT require time or temperature control for safety after preparation (no TCS foods: no cream-cheese frostings, cheesecakes, custards, meringues, fresh fruit toppings, apple butter, pepper jelly, juices, dried vegetables, fermented foods). Acidified vegetables (pickles, relishes, chow-chow, acidified salsa) with finished equilibrium pH ≤ 4.6 are separately exempt. Pure honey produced by the producer's own hives is separately exempt (no infused/value-added honey). Permitted Home Food Processing Operation (inspected): any food product not containing meat may be made — including perishables — under VDACS Food Safety Program inspection; meat products are regulated separately by the VDACS Office of Meat and Poultry Services. Catering requires a commercial setup regulated by the Virginia Department of Health.

Sales caps

Low-risk exempt foods: no sales cap (the statute and VDACS FAQ impose no dollar limit). Acidified vegetables (pH ≤ 4.6): $9,000 in total annual gross sales per calendar year for all acidified vegetable products produced (§ 3.2-5130(C)(4)(v); VDACS July 2026 FAQ). Honey: no dollar cap — limit is less than 250 gallons of honey sold annually (§ 3.2-5130(C)(5)). Permitted Home Food Processing Operations: no sales cap stated in the primary sources reviewed. No future cap changes are scheduled.

Permit steps

Determine whether your products qualify for a home food processing exemption (§ 3.2-5130(C)(3)-(5)) — if they do, no permit, inspection, or $40 fee is required; you only need proper labeling.
If you want to sell products NOT covered by the exemption (or sell beyond the exemption's limits — wholesale, resale, retail stores, perishable/TCS foods), apply for a permit from the VDACS Food Safety Program as a Home Food Processing Operation.
Complete the Application for a Home Food Processing Operation with full business/owner information, a kitchen and storage-area diagram, and your product/process list; submit everything together — email to foodsafety@vdacs.virginia.gov is the preferred method.
If proposing acidified foods (pickles, salsa, relishes, hot sauces, garlic in oil, etc.), have your process evaluated by a competent processing authority, attach the evaluation letter, and complete Better Process Control School (certificate required).
VDACS reviews the application and a Food Safety Specialist contacts you to schedule an initial home-kitchen inspection (pets must be fully excluded from food prep/storage/equipment areas with latched solid doors; separate storage, adequate hot/cold water and cleaning facilities required).
Operate under the permit once inspection finds no significant health hazards; pay the $40 annual inspection fee; expect periodic unannounced inspections.

How to start in Virginia

1) Decide your tier: if your products are low-risk non-TCS foods, acidified vegetables (pH ≤ 4.6), or pure own-hive honey, you qualify for the no-permit exemption. 2) Confirm every recipe qualifies — test equilibrium pH for acidified products (paper strips are not accurate enough; use a calibrated meter or a food processing authority). 3) Label correctly: low-risk/acidified products need your name, physical address or P.O. box, telephone number, processing date, and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION" on the principal display panel (a sign at the point of sale works for tiny/onsite items); honey labels need "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old." 4) Sell only within Virginia, direct to individuals for their own consumption — in person at any location, by phone, or online, and deliver in person, by mail, or by delivery service; no wholesale, no resale/consignment, no retail-store sales, no interstate sales. 5) If your products don't qualify (or you want to sell wholesale), apply to the VDACS Food Safety Program for a Home Food Processing Operation permit, pass the home-kitchen inspection, and pay the $40 annual inspection fee before selling. 6) Check with your city/county for any local business-license or zoning requirements — Could not verify from a primary source whether any specific locality imposes additional requirements.

Recent changes

2024: HB759 (Acts of Assembly c. 131, effective 2024) expanded the exemption to allow sales at temporary events lasting no more than 14 consecutive days and affirmed that exempt producers may advertise their products on the internet. 2026: HB402 (patron Callsen; approved by Governor 4/13/2026, Chapter 605, effective 7/1/2026) is the biggest recent change — exempt home producers may now sell low-risk foods and acidified vegetables at ANY location, by phone, or through the internet to an individual in Virginia for his own consumption, and deliver in person, by mail, or by delivery service; labels may now use a P.O. box instead of a physical home address; the bill also directs VDACS to convene a Home Food Processing Operator Work Group (meetings complete by November 1, 2026; report to the House and Senate agriculture committee chairs by the first day of the 2027 session) to examine structural/equipment/facility standards for further expansion. 2026: HB699, a broader bill that would have exempted any food sold in person at private homes and farms, died in the House (left in Health and Human Services, 2/18/2026). No other 2024-2026 changes found; no 2027-session bills identified yet — the next change window is the VDACS work-group report due by the first day of the 2027 session.

Official sources

Not legal advice. Rules change — confirm everything with Virginia's health department before selling.