This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-11
No: qualifying foods made in your private home sell without any VDACS inspection, permit, registration, or fee. VDACS can inspect on a consumer complaint, and foods outside the exemption need a permitted Home Food Processing Operation.
None required. For pickles and acidified foods, VDACS strongly encourages a Better Process Control School course and requires you to verify your product reaches pH 4.6 or lower with an electronic pH meter.
Three categories: (1) low-risk foods with no cap: shelf-stable baked goods, candies, cotton candy, qualifying jams and jellies, dried fruits and herbs, dry mixes, dried pasta, roasted coffee, granola, nuts, vinegars, popcorn; (2) pickles and acidified vegetables at pH 4.6 or lower, capped at $9,000/year; (3) your own honey under 250 gallons/year with its own warning label.
Anything needing refrigeration (cheesecakes, cream pies), canned acid or low-acid foods, canned fruits, fermented canned foods, meat and dairy products, and infused honey; these need a permitted, inspected operation.
In-person sales only, in Virginia, direct to the end consumer: from home, at farmers markets, and (since July 1, 2024) at any temporary event running 14 consecutive days or less, which covers most craft fairs and festivals. No internet sales, shipping, wholesale, consignment, or out-of-state sales. You may advertise online and take electronic payment in person, but your site cannot take orders or payments.
Annual sales cap: No cap on low-risk foods; $9,000/year on pickles and acidified vegetables (tripled from $3,000 in July 2024); honey capped at 250 gallons/year.
The principal display panel must show the preparer's name, physical address, and phone number, the date processed, and the all-caps statement 'NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATE INSPECTION,' plus standard product name, net weight, and ingredient labeling. A point-of-sale sign substitutes for items too small to label. Honey carries its own warning about infants under one year.
Virginia taxes food for home consumption at just the 1 percent local rate (the state grocery tax ended January 2023), which covers typical packaged cottage foods taken home from a market. Hot prepared food for immediate consumption is taxed at the full rate, and some localities add a meals tax on prepared food. Register with Virginia Tax as a retail dealer.
2022 legislation made VDACS the food permitting authority, so exempt home producers need no local health permit, but cities and counties may require a general business license (BPOL) above local revenue thresholds, and event organizers may ask for proof you qualify for the exemption.
Operating a food establishment without a required permit is a Class 1 misdemeanor (up to 12 months and $2,500), and selling outside the exemption's limits forfeits the exemption.
Selling non-food crafts too? See the Virginia craft fair permit and sales tax guide.
Yes, under Virginia private home kitchen exemption (Va. Code 3.2-5130(C), expanded by the 2024 'cake pop bill,' HB 759). No: qualifying foods made in your private home sell without any VDACS inspection, permit, registration, or fee. VDACS can inspect on a consumer complaint, and foods outside the exemption need a permitted Home Food Processing Operation.
Three categories: (1) low-risk foods with no cap: shelf-stable baked goods, candies, cotton candy, qualifying jams and jellies, dried fruits and herbs, dry mixes, dried pasta, roasted coffee, granola, nuts, vinegars, popcorn; (2) pickles and acidified vegetables at pH 4.6 or lower, capped at $9,000/year; (3) your own honey under 250 gallons/year with its own warning label. Anything needing refrigeration (cheesecakes, cream pies), canned acid or low-acid foods, canned fruits, fermented canned foods, meat and dairy products, and infused honey; these need a permitted, inspected operation.
Yes: No cap on low-risk foods; $9,000/year on pickles and acidified vegetables (tripled from $3,000 in July 2024); honey capped at 250 gallons/year.
In-person sales only, in Virginia, direct to the end consumer: from home, at farmers markets, and (since July 1, 2024) at any temporary event running 14 consecutive days or less, which covers most craft fairs and festivals. No internet sales, shipping, wholesale, consignment, or out-of-state sales. You may advertise online and take electronic payment in person, but your site cannot take orders or payments.
The principal display panel must show the preparer's name, physical address, and phone number, the date processed, and the all-caps statement 'NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATE INSPECTION,' plus standard product name, net weight, and ingredient labeling. A point-of-sale sign substitutes for items too small to label. Honey carries its own warning about infants under one year.
Virginia taxes food for home consumption at just the 1 percent local rate (the state grocery tax ended January 2023), which covers typical packaged cottage foods taken home from a market. Hot prepared food for immediate consumption is taxed at the full rate, and some localities add a meals tax on prepared food. Register with Virginia Tax as a retail dealer.
Browse upcoming craft fairs and markets in Virginia with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Last verified: 2026-06-11. Spotted something out of date? Let us know.