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Selling homemade food in West Virginia means your label has to follow the West Virginia nonpotentially hazardous (cottage) foods — W. Va. Code §19-35-6 (production/sale exempt from licensing, permitting, inspection, packaging, and labeling laws when in conformity with the section and its legislative rules); labeling standards codified at W. Va. Code R. §61-38-7 (Labeling; 2023 amendment). NOTE: a parallel 2026 Cottage Food Act (reported as W. Va. Code §19-40 / SB 44) that cross-references §19-35-6 and the same labeling standards is REPORTED but was NOT independently verified here — confirm with WVDA before relying on it; the confirmed operative authorities are §19-35-6 and §61-38-7. Here is exactly what that label must show in 2026 — the required fields, the allergen rule, and the verbatim disclaimer and its font size — sourced to the statute and dated.
Print this statement on the label, word for word:
Required verbatim by W. Va. Code R. §61-38-7 §7.5.a for any food made in a home, farm, or community (non-commercial) kitchen — CONFIRMED word-for-word against the official regulation. No point size is prescribed; §7.4 requires all label elements to be "of a size and style that is easily legible to the average person." Do NOT paraphrase or shrink it. (Reported: an earlier pre-2023 "private residence" wording sunset — use only the current text above; sunset date not independently re-verified here.) For nonpotentially hazardous foods, WVDA guidance reports the required information may alternatively be provided on a placard at point of sale, on a receipt/other document, or on the website for online sales instead of an affixed label — treat as secondary and confirm with WVDA.
West Virginia is unusual on two counts. First, nonpotentially-hazardous (shelf-stable) homemade foods are exempt from licensing, permitting, and inspection — yet they must still carry the department's full labeling standards, including a state-specific verbatim disclaimer, rather than being exempt from labeling entirely. Second, that disclaimer is uniquely worded: "This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement" — copied word-for-word or not at all. The producer's location only needs city/state/ZIP — no street address or phone.
W. Va. Code R. §61-38-7 §7.5.a mandates the exact sentence "This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement." Do not substitute a generic "Made in a Home Kitchen" line from another state or an old template — WV's wording is different and specific, and paraphrasing is a violation.
West Virginia's major-allergen list includes sesame (effective Jan 1, 2023). Fish, crustacean shellfish, and tree nuts must name the specific species in parentheses (e.g., "tree nuts (walnuts)"). The allergen line goes directly below the ingredient list and must begin with "Contains". A generic "Contains: tree nuts" is incomplete.
§7.4 requires net weight/quantity in the bottom third of the label, in U.S. measure plus the metric equivalent, and ingredients in descending order by weight beginning with "Ingredients:". Missing the metric equivalent or misplacing the net-contents line is a common labeling defect.
The label-only, no-permit route is for nonpotentially-hazardous (shelf-stable) foods under §19-35-6, which are exempt from licensing/permitting/inspection when done in conformity with the section and its legislative rules. Acidified/pickled/fermented and other potentially hazardous foods fall outside this exemption and require a WVDA permit and inspection. Confirm any 2026 Cottage Food Act (SB 44) changes directly with WVDA.
Timeline: Nonpotentially-hazardous cottage foods: immediate — no permit, no registration, no waiting period; just apply a compliant label. WVDA offers an optional label-review service you can use before selling. Potentially hazardous items require obtaining a WVDA permit first, which takes longer.
Cost: $0 — no permit, license, inspection, or fee is required for nonpotentially-hazardous cottage foods. A WVDA permit/inspection applies only to potentially hazardous items; confirm any current fee with WVDA (Regulatory & Inspection Division / Label Review).
Cottage food laws get revised, and a new disclaimer or font size can quietly make your label non-compliant. Leave your email and we'll write to you only when West Virginia's cottage food label rules change. Nothing else, ever — and you can unsubscribe from any message.
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Make my West Virginia label →West Virginia requires this exact statement on a cottage food label: “This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.” The state sets no minimum point size for it.
No. West Virginia does not require a permit or registration number printed on the label.
At minimum: product name — the common name of the food; your business / producer name; the address of the cottage food operation; a complete ingredient list, in descending order by weight (sub-ingredients included); an allergen declaration — the 9 major FDA allergens, in the ingredient list or a “Contains:” line; net weight, in US customary and metric units; the state's required disclaimer (see below); the date the food was made; a telephone number for the operation.
No. CottageCompliance gives general information based on each state's published rules, dated to when we last verified them. Always confirm with your state or local agency before selling.
Source: W. Va. Code §19-35-6 (https://code.wvlegislature.gov/19-35-6/); W. Va. Code R. §61-38-7 Labeling (https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-61-38-7); WVDA Farmers Market Vendor Guide (https://agriculture.wv.gov/wp-content/uploads/Farmers-Market-Vendor-Guide.pdf); WVDA Food Product Labeling Flyer (https://agriculture.wv.gov/food-labeling-flyer/); reported 2026 SB 44 / §19-40 (https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/sb44%20sub1%20enr.pdf) — not independently verified Verified 2026-08-10. General information, not legal advice — confirm with your state or local agency before selling.