West Virginia's Cottage Food Law

West Virginia's cottage food law allows individuals to produce and sell certain non-potentially hazardous foods made in a private home kitchen. The law applies to home-based producers selling directly to end consumers. Covered products are limited to shelf-stable items that don't require refrigeration to remain safe, such as baked goods, jams, and candies. You don't need a commercial kitchen or food handler certification to qualify.

You can sell your products directly to consumers through farmers markets, roadside stands, fairs, and other in-person venues. West Virginia also allows online sales, meaning you can take orders through a website or social media. However, you cannot ship products through the mail or third-party carriers. All sales must result in direct, in-person delivery to the customer.

Your gross annual revenue from cottage food sales cannot exceed $25,000. No permit, license, or state registration is required before you start selling. West Virginia's law is relatively straightforward compared to many states, with no tiered licensing structure or mandatory inspections. Proper labeling is your main compliance responsibility, so getting that right from the start will keep your business on solid footing.

Annual Limit

$25,000/year

Permit Required

No

Online Orders

Allowed

Shipping

Not Allowed

Permitted Foods

  • Baked goods (bread, cookies, cakes, muffins, pastries)
  • Jams, jellies, and preserves
  • Candies and confections
  • Roasted nuts
  • Dry herbs and seasonings
  • Honey
  • Granola and trail mix
  • Fruit pies (non-custard)

Prohibited Foods

  • Meat and poultry products
  • Seafood products
  • Items requiring refrigeration for safety
  • Dairy-based products (cheesecakes, cream pies)
  • Canned low-acid vegetables
  • Juices or ciders requiring refrigeration
  • Foods with custard or cream fillings

Labeling Requirements

  • Producer's full name and home address
  • Product name
  • Complete ingredient list in descending order by weight
  • Major food allergen disclosure
  • Net weight or net volume
  • Statement that the product was made in a home kitchen not inspected by the state

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West Virginia allows online orders

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Bill tracking data provided by LegiScan