Current Law Details
SB 285 (2019) major expansion created highly permissive environment. No sales cap, no permits, no licenses, no inspections, no registration required. Allows extensive product variety including acidified foods and dried foods. Direct sales only (home, farmers markets, events). Online sales allowed within state. In-state shipping permitted. Simple labeling requirements. No food safety training mandated. Low barrier to entry makes West Virginia one of the more accessible states for cottage food entrepreneurs.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"This product was produced in a home kitchen not subject to regulation and inspection by the West Virginia Department of Health"
Additional Label Elements
- ✓Product name
- ✓Producer's name and address
- ✓Ingredients listed in descending order of predominance
- ✓Net weight or volume
- ✓Date product was produced
- ✓Allergen disclosure (if applicable)
Allowed Sales Venues
Direct-to-consumer sales only. Allowed: from home, farmers markets, roadside stands, community events, festivals, fairs, online sales within West Virginia. In-state shipping permitted. Prohibited: wholesale to retail stores, sales to restaurants, consignment sales, interstate sales. All transactions must be direct producer-to-consumer.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
In-state shipping allowed via mail or commercial carriers. Online orders can be shipped within West Virginia. Personal delivery also allowed. No out-of-state shipping permitted - all sales must be within West Virginia state borders.
Allowed Foods
Non-potentially hazardous foods only. Extensive allowed list includes: baked goods (breads, cakes, cookies, pastries, pies without custard), candies and confections, jams and jellies, fruit butters, dried fruits and vegetables, dried herbs and spices, granola and trail mixes, popcorn and nuts, honey and maple syrup, acidified foods (pickles, salsas with pH < 4.6), vinegars, dried pasta. Prohibited: foods requiring refrigeration, custard pies, cheesecakes, cream-filled pastries, meat products, poultry, seafood, dairy products, canned low-acid foods, fermented foods. All products must be shelf-stable.
Recent Legislative Updates
SB 285
Effective: 2019
Major expansion of cottage food law. Removed sales cap that previously limited operations. Eliminated permit and inspection requirements. Expanded allowed food list significantly. Simplified labeling requirements. Created one of the most permissive cottage food environments in the region.
Important Warnings & Notes
- ⚠️Direct-to-consumer sales only - no wholesale or retail
- ⚠️In-state sales only - cannot ship across state lines
- ⚠️No potentially hazardous foods - must be shelf-stable
- ⚠️While no state requirements exist, follow safe food handling practices
- ⚠️Consider product liability insurance even though not required
- ⚠️Check local zoning and business license requirements
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-07):
- •West Virginia Code cottage food provisions
- •SB 285 (2019) legislative records
- •West Virginia Department of Health guidance
- •Forrager.com - West Virginia
- •Institute for Justice - West Virginia
- •Cottage food law databases and resources
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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