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: 2026-06-12
No license, permit, or inspection for nonpotentially hazardous (shelf stable) homemade foods; SB 285 expanded sales beyond farmers markets to homes, online, and events. Two exceptions: vendors of canned acidified products (pickles, salsas, sauces, fermented foods) need a WVDA Farmers Market Vendor Permit at $35 per year with an annual kitchen inspection, label review, and process authority letter, and farmers markets themselves register annually with WVDA (free). Everyone still needs a WV business registration certificate from the Tax Division.
None for shelf stable cottage foods. Producers of canned acidified foods under the vendor permit must complete and keep current a WVDA approved course such as Better Process Control School or Acidified Foods Manufacturing School.
Any nonpotentially hazardous food (generally pH 4.6 or below or water activity 0.85 or below). WVDA examples: breads, rolls, biscuits, cakes, fruit pies, candies, popcorn, pepperoni rolls (a WV quirk; confirm handling with WVDA), granola, nuts, dehydrated fruits and vegetables, honey, apple butter, sorghum, molasses, tree syrup, and standard fruit jams and jellies. Canned acidified foods are allowed only with the $35 permit, verified pH at 4.6 or below, approved training, and the majority of produce from the vendor's own WV farm or garden.
Potentially hazardous foods without WVDA permitting: meringue, custard, or cream pies, cheesecake, cream-filled pastries, cream cheese frostings, no-sugar-added jams, and cut fruits and vegetables. Meats and poultry must be from inspected sources, dairy requires an approved processing plant, sprouted seeds and wild foraged mushrooms cannot be sold, and home-canned low-acid foods require commercial food manufacturer approval.
Direct to consumer anywhere in West Virginia: from home, at farmers markets, fairs, festivals, and community events, online, by mail order, and by delivery, including through an agent or third-party vendor and third-party carriers. Grocery store and restaurant sales take you outside the cottage exemption. Out-of-state sales are not clearly authorized: the statute does not exempt you from federal rules or the destination state's laws, so treat the exemption as in-state.
Labels must include: the common name of the product, the producer's name and city, state, and zip code, ingredients in descending order by weight, net contents in US units with metric in parentheses, a 'Contains' allergen statement, and this exact statement: 'This product was made in a non-commercial kitchen establishment that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.' (Many older guides cite a 'private residence' sentence instead; the current WVDA Vendor Guide specifies this wording.) For shelf stable foods the label may be replaced by a placard at the point of sale, a receipt, or the product webpage for online sales. WVDA label review is free and optional for plain cottage foods, mandatory for acidified products.
West Virginia does not tax food and food ingredients, so typical shelf stable cottage foods sold to take home are not subject to sales tax. Prepared food is taxable at 6 percent plus up to 1 percent municipal tax: food heated by the seller, items mixed by the seller and sold ready to eat, or food sold with utensils. Producers must still register their business with the Tax Division.
State law largely preempts local rules: counties and municipalities may not prohibit or regulate sales of shelf stable homemade foods (with narrow exceptions for government-owned facilities and short temporary events), and local health departments cannot require a food establishment permit for farmers market vendors. They retain authority to inspect on complaints and halt production for imminent hazards.
WVDA sets penalties by rule, can inspect home kitchens on complaints, and can deny or revoke vendor permits; local health departments working with WVDA can halt production for imminent health hazards. Selling potentially hazardous foods without the permit triggers general food safety enforcement.
Selling non-food crafts too? See the West Virginia craft fair permit and sales tax guide.
Yes, under W. Va. Code Chapter 19, Article 35, as amended by SB 285 (2019, effective June 5, 2019; often misreported as a 2021 law), with WVDA rule 61 CSR 38. No license, permit, or inspection for nonpotentially hazardous (shelf stable) homemade foods; SB 285 expanded sales beyond farmers markets to homes, online, and events. Two exceptions: vendors of canned acidified products (pickles, salsas, sauces, fermented foods) need a WVDA Farmers Market Vendor Permit at $35 per year with an annual kitchen inspection, label review, and process authority letter, and farmers markets themselves register annually with WVDA (free). Everyone still needs a WV business registration certificate from the Tax Division.
Any nonpotentially hazardous food (generally pH 4.6 or below or water activity 0.85 or below). WVDA examples: breads, rolls, biscuits, cakes, fruit pies, candies, popcorn, pepperoni rolls (a WV quirk; confirm handling with WVDA), granola, nuts, dehydrated fruits and vegetables, honey, apple butter, sorghum, molasses, tree syrup, and standard fruit jams and jellies. Canned acidified foods are allowed only with the $35 permit, verified pH at 4.6 or below, approved training, and the majority of produce from the vendor's own WV farm or garden. Potentially hazardous foods without WVDA permitting: meringue, custard, or cream pies, cheesecake, cream-filled pastries, cream cheese frostings, no-sugar-added jams, and cut fruits and vegetables. Meats and poultry must be from inspected sources, dairy requires an approved processing plant, sprouted seeds and wild foraged mushrooms cannot be sold, and home-canned low-acid foods require commercial food manufacturer approval.
No. West Virginia places no annual cap on cottage food sales.
Direct to consumer anywhere in West Virginia: from home, at farmers markets, fairs, festivals, and community events, online, by mail order, and by delivery, including through an agent or third-party vendor and third-party carriers. Grocery store and restaurant sales take you outside the cottage exemption. Out-of-state sales are not clearly authorized: the statute does not exempt you from federal rules or the destination state's laws, so treat the exemption as in-state.
Labels must include: the common name of the product, the producer's name and city, state, and zip code, ingredients in descending order by weight, net contents in US units with metric in parentheses, a 'Contains' allergen statement, and this exact statement: 'This product was made in a non-commercial kitchen establishment that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.' (Many older guides cite a 'private residence' sentence instead; the current WVDA Vendor Guide specifies this wording.) For shelf stable foods the label may be replaced by a placard at the point of sale, a receipt, or the product webpage for online sales. WVDA label review is free and optional for plain cottage foods, mandatory for acidified products.
West Virginia does not tax food and food ingredients, so typical shelf stable cottage foods sold to take home are not subject to sales tax. Prepared food is taxable at 6 percent plus up to 1 percent municipal tax: food heated by the seller, items mixed by the seller and sold ready to eat, or food sold with utensils. Producers must still register their business with the Tax Division.
Browse upcoming craft fairs and markets in West Virginia with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Last verified: 2026-06-12. Spotted something out of date? Let us know.