Cottage Food Label Requirements in West Virginia (2026)

Cottage food rules in West Virginia — the whole program

Who can sell homemade food in West Virginia

West Virginia now runs a two-track home food program, and the split was rewritten in 2026. Track one is the long-standing nonpotentially hazardous exemption at W. Va. Code § 19-35-6, enacted in 2019 (SB 285) and amended in 2021 (HB 2633): 'The production and sale of nonpotentially hazardous foods, when done in conformity with this section and the accompanying legislative rules, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state.' Track two is brand new. Enrolled Committee Substitute for Senate Bill 44, passed March 14, 2026 and in effect 90 days from passage (June 12, 2026), added a new article to the Code — Article 40, 'Cottage Foods', §§ 19-40-1 through 19-40-6 — which for the first time lets a home producer sell potentially hazardous foods, under a permit from the Department of Agriculture. This contradicts any guidance written before June 2026 that said West Virginia home kitchens were limited to shelf-stable, non-hazardous foods; that limit was lifted for permitted vendors. Article 40 defines 'cottage food' as 'a food item intended for human consumption that is produced and, if packaged, packaged at the residential property of the producer and sold directly to a consumer', and states that the term 'includes nonpotentially hazardous foods, but excludes meat, meat products, poultry, poultry products, seafood, and Grade A dairy products'. 'Cottage food vendor' means 'a home-based business producing and selling cottage foods'. 'Produce' is defined broadly: 'to prepare a food item by cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, raising, or other process'. The hazard classifications are borrowed from the farmers market article: under § 19-35-2, 'nonpotentially hazardous' means 'a food item that does not require time/temperature control for safety to limit pathogenic microorganism growth or toxin formation', 'potentially hazardous' means 'a food item that requires time/temperature control or other protocols for safety' to the same end, and 'acidified food' means 'a low-acid food item to which acid or acid foods are added with a water activity of greater than 0.85 and a finished equilibrium of pH 4.6 or below'. Which track applies is therefore a question of the food, not of the seller: § 19-40-6 provides that the production and sale of a nonpotentially hazardous food done in conformity with § 19-35-6 and its legislative rules 'is not subject to the provisions of this article', so a baker of shelf-stable goods stays in the older exemption and needs no permit, while anyone wanting to sell a time- or temperature-controlled or acidified product must hold a potentially hazardous cottage food vendor permit. One caution on operational readiness: § 19-40-4 directs the Department of Agriculture to propose emergency or legislative rules to implement the article, including the setting of any fees, and no official source available at the time of writing confirmed that those rules have been finalised, so the permit's cost and conditions are genuinely open.

What you may and may not sell

Allowed:

• Nonpotentially hazardous foods generally, with no permit: foods that do not require time/temperature control for safety to limit pathogenic microorganism growth or toxin formation (W. Va. Code § 19-35-2 definition, exemption at § 19-35-6)
• The department's own list of nonpotentially hazardous products, drawn from the farmers market rule W. Va. Code R. § 61-38-6: breads, cakes, candies, honey, tree syrup, apple butter, molasses
• Standardized (non-dietary) jams and jellies
• Dehydrated fruits and vegetables
• Whole, uncut produce (the seller files an annual Produce Affidavit with the Department; no vendor permit)
• Approved commercial mushroom species
• Canned, whole or chopped tomatoes, tomato sauce and tomato juice at pH 4.6 or below
• Potentially hazardous cottage foods, WITH a potentially hazardous cottage food vendor permit — this is the 2026 change. W. Va. Code § 19-40-5(c) provides that 'Potentially hazardous cottage food standards shall be determined, including acidified foods, and other categories identified and defined by the department'
• Canned acidified foods with a permit, which the farmers market rule (§ 61-38-6) enumerates as including but not limited to pickled products, sauces, salsas and fermented products
• Cut produce, with a permit
• Potentially hazardous freeze-dried foods, with a permit
• Eggs, which under § 61-38-6 may be sold without a vendor permit where the seller holds a Small Egg Producer Permit issued by the Department

Not allowed under the program:

• Meat and meat products — expressly excluded from the definition of 'cottage food' at W. Va. Code § 19-40-1
• Poultry and poultry products — expressly excluded at § 19-40-1
• Seafood — expressly excluded at § 19-40-1
• Grade A dairy products — expressly excluded at § 19-40-1, defined there as 'milk and milk products that are manufactured in accordance with the Pasteurized Milk Ordinance, 2023 Revision, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration'
• Wild-harvested mushrooms — prohibited outright by W. Va. Code R. § 61-38-6
• Sprouted seeds — prohibited outright by § 61-38-6
• Any potentially hazardous food sold without the permit required by § 19-40-2(a), where no statutory exemption in § 19-40-2(d) applies
• Note on scope: the § 61-38-6 lists were written for farmers markets, where meat, poultry, fish, milk and dairy including cheese are permitted to a permitted vendor. Those four categories are NOT available to a cottage food vendor, because Article 40 removes them from the definition of cottage food. A West Virginia producer may still reach them through a different route (a food establishment permit, a farmers market vendor permit, or state/federal meat inspection), but not as cottage food.

How much you may sell

No dollar cap. Neither W. Va. Code §§ 19-40-1 through 19-40-6 (2026) nor § 19-35-6 nor § 19-35-2 sets any annual sales, revenue, volume or batch limit, and no cap appears in W. Va. Code R. § 61-38-6. The West Virginia limits are on the food (no meat, poultry, seafood or Grade A dairy; permit required for anything potentially hazardous), on the buyer (direct to a consumer), and on geography (in-state only for Article 40 cottage food) — not on dollars. Caveat: § 19-40-4 leaves implementation to legislative rule, so a rule adopted after this fiche was written could add a threshold; an absence in the statutes read is not a provision forbidding a cap.

Where you may sell

• Direct to the consumer. 'Cottage food' is defined at § 19-40-1 as produced and packaged at the producer's residential property 'and sold directly to a consumer'
• In state only, for Article 40 cottage food: § 19-40-2(b) provides that a permit 'once issued, is valid in all counties in this state' but that 'a cottage food produced pursuant to this article shall be sold only within the geographic boundaries of the State of West Virginia'. There is no interstate sale and no shipping out of state of a permitted potentially hazardous cottage food
• For nonpotentially hazardous foods, the older and broader channel rules of § 19-35-6(b) apply, since § 19-40-6 removes conforming non-PHF from Article 40: items 'must be sold by the producer to consumer (in person or remotely), through an agent, or third-party vendor', and 'delivery may occur via the producer, agent, third-party vendor, or third-party carrier'
• Remote and internet ordering is therefore expressly contemplated for nonpotentially hazardous foods — § 19-35-6(b) says 'in person or remotely' — and § 19-35-2 counts an online market among the recognised forms of farmers market
• Shipping by a third-party carrier is expressly allowed for nonpotentially hazardous foods by § 19-35-6(b)(2). NOT CONFIRMED: whether the state treats that as permitting out-of-state shipment of non-PHF. § 19-35-6(e) says the section does not exempt anyone from federal law or the laws of other states, and the in-state restriction in § 19-40-2(b) is written for Article 40 cottage food, not for the § 19-35-6 exemption. Confirm with WVDA before shipping across a state line
• Home sales: § 19-40-2(c) provides that 'notwithstanding any other provisions of code or rule to the contrary, a potentially hazardous cottage food vendor permittee is not required to obtain a food establishment permit to sell from home'
• Farmers markets: § 19-40-2(f) provides that a potentially hazardous cottage food vendor permittee acting under Article 40 'is not required to obtain a farmer's market vendor permit as required by § 19-35-3(a)'. Before June 12, 2026 a home producer of acidified or fermented goods had to route through the farmers market vendor permit; the cottage food permit now stands in its place
• Consignment: § 19-35-3 states that 'except for consignment farmers markets, which are required to apply for and obtain a food establishment permit from a local health department, no other type of farmers market is required to apply for and obtain a food establishment permit'

Permit, registration and fees

Registration is handled by West Virginia Department of Agriculture (defined at § 19-40-1 simply as 'the Department of Agriculture'). Article 40 gives WVDA, not the health department, the regulatory lead: § 19-40-5(a) provides that 'notwithstanding any provision of § 16-1-1 et seq. of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous cottage food sold in West Virginia'. Search results indicate a WVDA cottage food contact address of cottagefoods@wvda.us and a telephone number of 304-558-2227; NEITHER was confirmed on an official WVDA page, which was unreachable at the time of writing, so confirm both with WVDA before relying on them..

1. Classify the product first. If it is nonpotentially hazardous within § 19-35-2 and is produced and sold in conformity with § 19-35-6 and its legislative rules, no permit and no registration is required, and § 19-40-6 keeps the product outside Article 40 entirely
2. If any product requires time/temperature control or other protocols for safety, or is an acidified food, apply to the Department of Agriculture for a potentially hazardous cottage food vendor permit. § 19-40-2(a): 'a person wanting to sell potentially hazardous cottage food shall apply for a potentially hazardous cottage food vendor permit from the department'
3. Check the statutory exemptions before applying. § 19-40-2(d) exempts from the permit: '(1) A person selling fresh, uncut produce; (2) A person selling nonpotentially hazardous foods; and (3) A person selling other farm and food products that are identified by the department'
4. Satisfy the conditions the Department sets. § 19-40-2(e): 'The department shall establish the conditions and procedures for issuance of a potentially hazardous cottage food vendor permit. As a condition of obtaining a potentially hazardous cottage food vendor permit, a person may be required to satisfy additional requirements, including, but not limited to, submitting to inspections, and obtaining and maintaining certain additional licenses or certifications, as provided by legislative rule.' The statute thus authorises inspection, licence and certification conditions but does not itself impose any specific one
5. Expect the production kitchen to be identified. § 19-40-5(b): 'A home, farm, community, or commercial kitchen may be used by a potentially hazardous cottage food vendor, as determined by the department' — the kitchen is the Department's call, not the producer's
6. Label to the Department's standards. § 19-40-5(d): 'Potentially hazardous cottage foods shall be labeled in compliance with the department's labeling standards and provide information about its content and sources.' For nonpotentially hazardous foods, § 19-35-6(c) imposes the parallel duty. The operative labeling standards are those of the Department's farmers market rule, W. Va. Code R. § 61-38-7, including the verbatim non-commercial kitchen disclaimer
7. For whole uncut produce, file the annual Produce Affidavit prepared by the Commissioner with the Department (W. Va. Code R. § 61-38-6). For shell eggs, obtain a Small Egg Producer Permit if relying on that route
8. NOT CONFIRMED and to be obtained from WVDA directly: the application form, the processing time, whether a pre-permit kitchen inspection is scheduled, whether a process authority letter is demanded for acidified goods, whether a water test is required on a private supply, and whether a food handler or food safety certificate is a condition. Press coverage of SB 44 and secondary compliance sites report all five, and § 19-40-2(e) plainly authorises them, but no official WVDA or Secretary of State document stating them was readable for this fiche

Fee: NOT CONFIRMED — no fee amount is set in statute. W. Va. Code § 19-40-4 leaves it to rulemaking: 'The department shall propose emergency or legislative rules for approval in accordance with the provisions of § 29A-3-1 et seq. of this code for the purposes of implementing this article, including the setting of any fees.' Nothing in §§ 19-40-1 to 19-40-6, § 19-35-3, § 19-35-3a or § 19-35-6 states a dollar figure. A $35 farmers market vendor permit fee, valid April 1 to March 31, appears in search-result summaries of WVDA pages and in secondary compliance sites, and the same summaries report that a 2026 change removed the fee for farmers market vendors selling potentially hazardous products; both claims are unverified here, both concern the farmers market vendor permit rather than the new cottage food permit, and § 19-40-2(f) makes the farmers market vendor permit unnecessary for an Article 40 permittee in any case. Do not quote a cottage food permit fee to a West Virginia producer without calling WVDA.

Renewal: NOT CONFIRMED. No term, expiry date or renewal cycle for the potentially hazardous cottage food vendor permit appears in §§ 19-40-1 through 19-40-6; § 19-40-2(b) states only that the permit 'once issued, is valid in all counties in this state', which is a statement of geographic scope, not of duration. § 19-35-3a likewise does not address duration or renewal for the farmers market vendor permit. Duration falls to the legislative rule under § 19-40-4 and must be confirmed with WVDA.

Food safety training

Not imposed by statute, but expressly authorised as a permit condition. Nothing in W. Va. Code §§ 19-40-1 to 19-40-6 or § 19-35-6 requires a food handler card, a food safety course or any number of training hours. What § 19-40-2(e) does say is that a permit applicant 'may be required to satisfy additional requirements, including, but not limited to, submitting to inspections, and obtaining and maintaining certain additional licenses or certifications, as provided by legislative rule' — language wide enough to carry a certification mandate once WVDA's rule is in force, and § 19-35-3a carries the same wording for the farmers market vendor permit. Press coverage of SB 44 reports that potentially hazardous sellers will need food safety or food handler training along with a kitchen inspection and water testing on a non-municipal supply; that report is consistent with § 19-40-2(e) but was NOT confirmed against any rule or WVDA page for this fiche. Treat training as probable for the potentially hazardous permit and confirm with WVDA; treat it as not required for a nonpotentially hazardous producer under § 19-35-6, whose whole point is exemption from licensing, permitting and inspection.

Inspection

Split by track. For nonpotentially hazardous foods, § 19-35-6(a) exempts conforming production and sale from the state's 'licensing, permitting, inspection, packaging, and labeling laws', and § 19-35-6(e) preserves only two inspection-adjacent powers: the state may still investigate reports of foodborne illness, and it may still conduct inspections a producer requests voluntarily. For potentially hazardous cottage foods, inspection is authorised as a condition of the permit — § 19-40-2(e) lists 'submitting to inspections' among the additional requirements the Department may impose by legislative rule. WVDA holds the regulatory lead over these products notwithstanding the public health chapter, § 16-1-1 et seq., under § 19-40-5(a). Separately, a local health department retains an emergency stop power under § 19-40-3: 'If the local health department in the jurisdiction in which the potentially hazardous cottage food vendor permittee is located has reason to believe that an imminent health hazard exists, the local health department may invoke cessation of production until it deems that the hazardous situation has been addressed to the satisfaction of the local health department. A local health department that invokes cessation of production shall do so in consultation with the department.' Two limits are worth reading closely: the power is written against a permittee, and it must be exercised in consultation with WVDA. NOT CONFIRMED: whether WVDA's implementing rule requires a pre-permit kitchen inspection or any routine re-inspection interval.

What your city or county may add

State law largely preempts local regulation for the nonpotentially hazardous track. § 19-35-6(f) provides that state law preempts local regulation, except as regards the rental of government facilities, sanctioned events, and temporary events of 14 days or less. For the potentially hazardous track the picture is different in kind rather than in degree: Article 40 does not restate the preemption clause, but § 19-40-5(a) puts regulation of potentially hazardous cottage food with WVDA 'notwithstanding any provision of § 16-1-1 et seq. of this code or any rules or regulations to the contrary' — that is, notwithstanding the public health chapter under which county and municipal health departments operate — and § 19-40-2(c) removes the food establishment permit requirement for selling from home. The local health department's residual role is the § 19-40-3 imminent health hazard cessation, in consultation with WVDA. What none of this touches: § 19-35-6(e) states the exemption does not relieve anyone of tax law or business registration requirements, or of federal law or the laws of other states, and a consignment farmers market must still obtain a food establishment permit from a local health department under § 19-35-3. Zoning and land use are not addressed by either article and should be checked with the municipality or county.

Program sources: West Virginia Legislature, Enrolled Committee Substitute for Senate Bill 44, 2026 Regular Session, 'AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated, §19-40-1, §19-40-2, §19-40-3, §19-40-4, §19-40-5, and §19-40-6, relating to the sale of homemade food items' — Article 40, Cottage Foods; passed March 14, 2026, in effect 90 days from passage (June 12, 2026); full enrolled text downloaded (HTTP 200) and read locally — https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/sb44%20sub1%20enr.pdf · W. Va. Code § 19-35-6, Nonpotentially hazardous foods (exemption from licensing, permitting, inspection, packaging and labeling laws; sale and delivery conditions; labeling duty; kitchen use; limitations; local preemption with the 14-day and government-facility exceptions; enacted 2019 SB 285, amended 2021 HB 2633), official code site — https://code.wvlegislature.gov/19-35-6/ · W. Va. Code § 19-35-2, Definitions ('acidified food', 'nonpotentially hazardous', 'potentially hazardous', 'farmers market' including online markets, 'farmers market vendor'), official code site — https://code.wvlegislature.gov/19-35-2/ · W. Va. Code § 19-35-3, Farmers markets (registration of markets with the department; consignment farmers markets required to obtain a food establishment permit from a local health department), official code site — https://code.wvlegislature.gov/19-35-3/ · W. Va. Code § 19-35-3a, Farmers market vendor permits (permit duty and the three exemptions for fresh uncut produce, nonpotentially hazardous foods, and other products identified by the department; additional conditions including inspections and certifications; enacted 2021 HB 2633), official code site — https://code.wvlegislature.gov/19-35-3A/ · W. Va. Code R. § 61-38-6, Permitted and Prohibited Foods at Farmers Markets (nonpotentially hazardous list; potentially hazardous list including canned acidified, pickled, fermented products and cut produce; wild-harvested mushrooms and sprouted seeds prohibited; Produce Affidavit; Small Egg Producer Permit) — REPRODUCTION, read on Cornell LII, not on the official Secretary of State text — https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-61-38-6 · West Virginia Secretary of State, Code of State Rules, document for series 61-38 'Farmers Market Vendors', DocId 50748 — retrieved (HTTP 200, 4 pages) but consists entirely of scanned images with no text layer; no content extracted — https://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=50748&Format=PDF