Small Business Focus: Understanding Cottage Food Laws in Virginia
July 17, 2024 | By Alex Held
Ever wondered if selling homemade tamales, cakes, ice cream or other food items is allowed in Virginia according to state law? Generally, it's not, but there are exceptions depending on the food item and its distribution.
Most foods sold to the public must be prepared in a commercial kitchen licensed and inspected by the state to ensure public health safety. This is because foods like meats, dairy and vegetables can carry foodborne illnesses. These commercial kitchens have strict controls on temperature, cleanliness, and storage and operators must be trained to prevent illness. Learn more about obtaining a license for a Food Establishment, Mobile Food Unit or Temporary Food Establishment.
Recently, the Virginia General Assembly loosened regulations and introduced "Cottage Food Laws" allowing certain non-perishable foods to be made in private homes. Foods that don’t require time or temperature controls after preparation can be made at home. These include:
- Candies, jams, and jellies (non-acidic)
- Dried fruits, herbs, and seasonings
- Coated and uncoated nuts
- Vinegar and flavored vinegar
- Popcorn and popcorn balls
- Cotton candy, dried pasta, and baking mixes
- Roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods
- Prepared pickles and acidified vegetables with an equilibrium pH of 4.6 or lower
There are restrictions on where these homemade products can be sold. They can only be sold in person within Virginia to individuals for personal consumption — not for resale or consignment — and they aren’t eligible for online sales. They can be sold at the operator's home, temporary events (up to 14 consecutive days) or farmers’ markets. Products must be labeled with the preparer’s name, address, phone number, processing date and the following statement: “NOT FOR RESALE – PROCESSED AND PREPARED WITHOUT STATE INSPECTION.”
Luckily, Arlington has an affordable and convenient food incubator space located on Columbia Pike, Kitchen of Purpose, where entrepreneurs who cannot manufacture foods under the Cottage Food Laws or don’t want to be limited in how they can sell their products can prepare food items safely. Additional resources and tools may also be available.
We know this can be a lot to take in but BizLaunch is here to help you every step of the way, from demystifying regulations to business planning, searching for space, marketing and pricing. Simply schedule your one-on-one consultation today, and we’ll help you navigate the intricacies of starting any business. For more information about BizLaunch, visit www.bizlaunch.org.