West Virginia Cottage Food Law
A complete guide to cottage food regulations in West Virginia (WV) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Not required
- Business License
- Not required
- State Registration
- Not required
Where You Can Sell
- traditional farmers markets
- on-farm markets or farm stands
- online farmers markets
- consignment farmers markets
- retail shops
- grocery stores
- direct to consumer (in person or remotely)
Allowed Products
- nonpotentially hazardous food items
- nonalcoholic beverages
Prohibited Products
- potentially hazardous foods (foods requiring time/temperature control for safety)
- meat, meat byproduct, meat food product,
- poultry, poultry byproduct, or poultry food product
Labeling Requirements
The following information must appear on every cottage food product label sold in West Virginia:
Required Disclaimer
This product was produced at a private residence that is exempt from State licensing and inspection. This product may contain allergens.
Additional Notes
Current law (as of June 11, 2026) is WV Code §19-35-6 (enacted via SB285, 2019 regular session), which applies only to nonpotentially hazardous homemade food items. The law explicitly exempts such products from all state licensing, permitting, inspection, packaging, and labeling laws, provided the required consumer disclosures are made. No annual revenue cap is specified. The allergen statement in the disclaimer is generic ('may contain allergens') — no specific allergen listing is required by the statute. The product category 'nonpotentially hazardous' is a functional definition (foods not requiring time/temperature control for safety), not a named product list. Selling may be done via third-party vendors such as retail shops and grocery stores, but items must be produced/packaged at the producer's private residence. Pending law change: SB44 (2026 regular session), creating a new Article 40 (§19-40-1 through §19-40-6) specifically for cottage foods, was passed March 14, 2026 and takes effect June 12, 2026. It introduces a permit requirement for potentially hazardous cottage food vendors (issued by WV Dept. of Agriculture), exempts nonpotentially hazardous food sellers from permitting (still governed by §19-35-6), excludes meat, meat products, poultry, poultry products, seafood, and Grade A dairy products from 'cottage food', and delegates detailed labeling and operational standards to WVDA rulemaking. WVDA label review is available as a free service for cottage food producers at agriculture.wv.gov.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in West Virginia?
- West Virginia does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in West Virginia?
- No. West Virginia does not require a food handler certification for cottage food producers.
- Is a business license required for cottage food sales in West Virginia?
- No. West Virginia does not require a business license to operate a cottage food business.
- Does West Virginia require cottage food producers to register with the state?
- No. West Virginia does not require cottage food producers to register with a state agency.
- Where can I legally sell cottage food products in West Virginia?
- In West Virginia, cottage food products may be sold at: traditional farmers markets, on-farm markets or farm stands, online farmers markets, consignment farmers markets, retail shops, grocery stores, direct to consumer (in person or remotely).
- What allergen labeling standard applies to cottage food in West Virginia?
- West Virginia follows the CUSTOM for cottage food labeling.
- What products are allowed under West Virginia cottage food law?
- The following product categories are permitted for cottage food production in West Virginia: nonpotentially hazardous food items, nonalcoholic beverages.
- What products are prohibited under West Virginia cottage food law?
- The following products may not be sold under West Virginia's cottage food exemption: potentially hazardous foods (foods requiring time/temperature control for safety), meat, meat byproduct, meat food product,, poultry, poultry byproduct, or poultry food product.