Virginia's cottage food rules are a set of exemptions in its food law, section 3.2-5130. A resident can make low-risk foods in their own home, baked goods, candy, jams and jellies, dried fruit, granola, roasted coffee, dry mixes, without a permit, an inspection or the Department of Agriculture and Consumer Services' $40 yearly fee. A second exemption covers pickles and other acidified vegetables at pH 4.6 or below, up to $9,000 in gross sales a calendar year; other exempt foods have no limit. Sales can happen anywhere in Virginia, online or by phone, and delivery can be in person, by mail or by delivery service, but only to individuals in Virginia for their own use: no resale, no consignment, no shops or restaurants, no shipping out of state. Every package carries the maker's name, address, phone number, the date it was made, and "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION". In the example below, a Fredericksburg cook sorts six products. Below are the rules, the foods, the label, the example, and a free checklist.
The short version
- No permit, inspection or fee for exempt foods made in your own home.
- Low-risk foods that don't need refrigeration: no sales limit.
- Pickles and acidified vegetables at pH 4.6 or below: up to $9,000 a calendar year.
- Sell anywhere in Virginia, online and by phone; deliver in person, by mail or delivery service, within Virginia.
- Only to individuals for their own use: no resale, consignment, shops, restaurants or other businesses.
- Label on the front: name, address or PO box, phone, date processed, and the NOT FOR RESALE statement.
- Standard label items too: product name, net weight, ingredients.
- TaroStack keeps each batch's lot and processing date, and the year's pickle sales. More below.
The rules
| Rule | What section 3.2-5130 says |
|---|---|
| Where | Private homes where the resident processes and prepares the food |
| Low-risk foods | Candies; jams and jellies not low-acid or acidified; dried fruits; dry herbs, seasonings and mixtures; nuts; vinegars; popcorn and cotton candy; dried pasta; dry baking mixes; roasted coffee; dried tea; cereals, trail mixes, granola; baked goods; none needing time or temperature control |
| Acidified vegetables | Pickles and other acidified vegetables at equilibrium pH 4.6 or below; up to $9,000 in gross sales a calendar year |
| Selling | At any location, online or by phone, to an individual in Virginia for their own consumption, not for resale or consignment |
| Delivery | In person, by mail or by delivery service, to an individual in Virginia |
| Not allowed | Selling for use or consumption in retail food establishments |
| Inspection | Exempt from permits, inspections and fees; VDACS can inspect on a complaint |
| Penalty | Breaking the section is a Class 1 misdemeanor |
The law is section 3.2-5130, last amended in 2026. VDACS's home food processing exemptions FAQ, revised July 2026, adds the examples below. Honey from your own hives has its own exemption, under 250 gallons a year. This is general information, not legal advice.
Which foods, by example
| Probably allowed | Probably not |
|---|---|
| Breads and cakes without fresh fruit, curd, custard, whipped cream or cream cheese | Breads with cheese, fresh herbs or vegetables |
| Cookies, fruit pies, muffins, sourdough | Cheesecake, cream pies, custards, meringues |
| Blueberry, grape, peach and strawberry jams | Apple butter, banana or fig jam, lavender or pepper jelly |
| Pickled vegetables, relishes, chow-chow, acidified salsa | Barbecue sauce, hot sauce, fresh salsa, salad dressing, canned fruit |
VDACS stresses that the recipe decides, and that buttercream and low-sugar jams can go either way; a food processing authority can test whether a product needs refrigeration. A pH meter, not paper strips, is the tool for acidified vegetables; how readings are taken is in pH testing for acidified foods.
The label
| Line | What it says |
|---|---|
| Who made it | Your name, physical address or PO box, and telephone number |
| Date | The date the food was processed |
| Statement | "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION" |
| Where | On the principal display panel, the front of the package |
| Too small | A sign where it's sold, with the same information |
VDACS adds that labels also follow the standard rules: product name, net weight, ingredients and sub-ingredients, and nutrition information if it applies. How those parts work is in food labeling requirements for small business.
An example: a Fredericksburg cook
Rappahannock Pantry, a made-up home cook in Fredericksburg, Virginia, I use in these examples, sells at a farmers market and ships jars around the state:
| Product | Allowed? | Why |
|---|---|---|
| Peach jam | Yes | A jam that isn't low-acid or acidified |
| Pepper jelly | No | VDACS lists it as one that may not be allowed |
| Chow-chow | Yes | An acidified vegetable; counts toward $9,000 |
| Hot sauce | No | VDACS lists hot sauces as ones that may not be allowed |
| Sourdough bread | Yes | Doesn't need refrigeration |
| Carrot cake with cream cheese frosting | No | Cream cheese frosting needs refrigeration |
Chow-chow and pickles sold $7,400 by September, 82% of the $9,000 limit, so the holiday pickle orders are capped at what the remaining $1,600 covers; the jam and bread have no limit. A café in town asked to serve the sourdough; Virginia's exemption doesn't allow sales to restaurants, so the answer was no. How a home food business starts is in how to start a cottage food business.
Get the checklist
Download the Virginia home food checklist. Three sheets: the label, each line with a column for yours; products, each with whether it's allowed and why; and pickle sales by month against the $9,000 limit, red past 90%. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.
Where this stops working
VDACS asks pickle makers to document sales as they go, so the $9,000 figure is ready if it's reviewed, and every label carries its processing date. Jars from different batches on one market table, and online orders on top, make both hard to keep by hand.
How TaroStack does it
TaroStack keeps each batch's lot and processing date, and the year's pickle sales.
Each batch dated. A batch of chow-chow gets a lot with its production and best-before dates, and lot labels print with them, so the processing date the label needs comes from the batch.
Readings on the batch. Fields of your own on the batch record hold each batch's pH reading, so the 4.6 the exemption rests on is written down for every batch.
Sales by product. Orders record what sold and when, so the year's acidified vegetable sales come from the records, and every list exports to CSV; TaroStack connects to Square for market sales.
| The job | Notebook | In TaroStack |
|---|---|---|
| The processing date | Handwritten sticker | From the batch's lot |
| A batch's pH | A log sheet | A field on the batch record |
| The year's pickle sales | Added up when asked | From the orders, exported to CSV |
Lots, batches, orders and lot labels are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.