Current Law Details
HB 759 (2024, eff. July 1) expanded venues to all events (≤14 days), increased acidified food cap from $3,000 to $9,000. Most cottage foods have NO sales cap - unique dual-cap system. Online advertising allowed but not transactions. Honey: 250 gal/year. No registration required. Direct-to-consumer only. Unique dual-cap system: general cottage foods (baked goods, jams, candies, etc.) have NO SALES CAP, acidified vegetables only capped at $9,000/year, honey capped at 250 gallons/year.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATE INSPECTION"
Additional Label Elements
- ✓Name of person preparing the food
- ✓Physical address
- ✓Telephone number
- ✓Product name
- ✓Date the food was processed
- ✓FOR HONEY: 'PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old'
Allowed Sales Venues
Direct-to-consumer only. Allowed: private home where product was manufactured, farmers markets, temporary events (≤14 consecutive days), roadside stands. Online advertising allowed (website, social media, product photos, prices, contact info), but cannot complete transactions online. Prohibited: online sales transactions, restaurants, retail stores, wholesale, interstate sales, catering events, mail order, consignment, resale through third parties.
Shipping & Delivery
Shipping Options
- In-State
- Not Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
No online sales or shipping allowed. All sales must be in-person within Virginia. Customers may contact producer via phone/email to arrange in-person transaction at approved venues. Direct-to-consumer in-person only model.
Allowed Foods
General cottage foods (NO CAP): baked goods (bagels, breads, cakes, cookies, etc.), candies, cotton candy, popcorn, jams/jellies (non-acidified), honey (250 gal/year cap), vinegars, dried fruits, dry herbs/seasonings, coated/uncoated nuts, dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola. Acidified vegetables ($9,000 CAP): pickles, pickled vegetables, salsas (pH ≤ 4.6). Prohibited: perishable baked goods requiring refrigeration, low-acid canned foods, fermented foods, dried vegetables, fruit butters, juices, meat, dairy, products requiring refrigeration or time/temperature control. Critical: all products must NOT require time or temperature control for safety after preparation.
Recent Legislative Updates
HB 759
Effective: July 1, 2024
Tripled acidified food cap from $3,000 to $9,000. Explicit authorization for sales at all types of temporary events (up to 14 consecutive days). Clarified that online advertising is allowed (but transactions prohibited). Simplified labeling for small products. Passed after VDACS attempted to restrict event sales and Institute for Justice challenged interpretation.
Important Warnings & Notes
- ⚠️Online advertising allowed but transactions must be in-person
- ⚠️No wholesale or consignment sales
- ⚠️Acidified vegetables have $9,000 annual cap (general cottage foods have NO cap)
- ⚠️All sales must be within Virginia (no interstate sales)
- ⚠️Local governments may impose additional regulations (check city/county)
- ⚠️Cannot sell to restaurants or retail stores
- ⚠️VDACS can inspect if consumer complaint received
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-07):
- •Virginia Code § 3.2-5130
- •Virginia Department of Agriculture and Consumer Services (VDACS)
- •VDACS Kitchen Bill FAQ
- •HB 759 (2024) legislative records
- •Institute for Justice - Virginia page
- •Forrager.com - Virginia
- •National Agricultural Law Center
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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