In Virginia, you can sell most homemade non-perishable foods with no permit, no registration, and no inspection under the Home Kitchen Food Processing Exemption — and baked goods, jams, candy, and dried foods have no sales cap. A new law (HB 402) legalizes in-state online sales and delivery starting July 1, 2026. This guide covers exactly what you can sell, how to label it, what's changing, and how to start.
The short version: Virginia's exemption (Code § 3.2-5130) requires no registration or VDACS inspection for low-risk foods. Baked goods, jams, candy, honey, and dried foods have unlimited revenue; acidified vegetables and pickles have a separate $9,000/year cap. The big 2026 change: HB 402 (effective July 1, 2026) allows online sales and delivery within Virginia for the first time — before that, online checkout was prohibited and orders had to be placed by phone, text, or in person. Label products with your name, address, and phone number.
Mostly no. Baked goods, jams, candy, honey (up to 250 gallons), and dried foods have no revenue cap. Acidified vegetables and pickles are the exception, with a separate $9,000 annual cap (raised from $3,000 by HB 759 in 2024).
| Virginia rule | Detail |
|---|---|
| Sales cap | None for baked goods/jams/candy/dried foods; $9,000 for acidified vegetables/pickles |
| License / registration / inspection | None (Code § 3.2-5130 exemption) |
| Allowed foods | Low-risk non-perishable foods, acidified vegetables, honey |
| Online sales | Allowed starting July 1, 2026 (HB 402); before that, phone/text/in-person orders only |
| Where you can sell | Home, farmers markets, temporary events (≤14 days), roadside stands |
| Label | Name, physical address, and phone number of the preparer |
No. Under Code § 3.2-5130, no registration or VDACS inspection is required to make and sell exempt low-risk foods, acidified vegetables, and honey from a private home (within the stated limits). That makes Virginia one of the lower-friction states to start — the main rules are about what you can sell and how you label it.
Virginia's exemption covers low-risk, non-perishable foods. Commonly sold items include:
Foods requiring refrigeration for safety fall outside the exemption. Confirm specifics with VDACS.
Virginia requires each product package to display, on the principal display panel:
If the package is too small for an easily read label, or the product is sold to be eaten on-site, a sign at the point of sale is an acceptable alternative. (VDACS may also require an "exempt from inspection" statement for certain foods — confirm at registration.) See our cottage food labeling guide for templates.
Exempt foods can be sold:
Before that date, you could advertise prices online but not offer checkout — orders had to be placed by phone, text, or in person.
Once HB 402 takes effect, a real storefront becomes the easiest way to take Virginia online orders and manage pickup or delivery. Homegrown gives Virginia sellers an online storefront with built-in payments and pickup/delivery scheduling for $10/month at 0% commission — you keep every dollar except standard card processing. Start a free trial and have a Virginia-ready storefront live in about 15 minutes.
For most foods there's no cap, so your income depends on demand and capacity, not the law. Most successful Virginia sellers start at markets and roadside stands, build a base of repeat customers, then lean into online ordering once HB 402 takes effect. A few ways to get the most out of it:
Virginia's uncapped baked goods plus online sales arriving July 2026 mean setting up your storefront now positions you to scale the day HB 402 takes effect.
Combined with no cap on most foods and no permit, these changes make Virginia much friendlier to online home food businesses. Always confirm current rules with VDACS.
Most exempt foods — baked goods, jams, candy, honey, dried foods — have no revenue cap. Acidified vegetables and pickles have a separate $9,000 annual cap (raised from $3,000 in 2024).
No. Virginia's Home Kitchen Food Processing Exemption (Code § 3.2-5130) requires no registration, permit, or VDACS inspection for eligible low-risk foods.
Starting July 1, 2026, yes — HB 402 legalizes in-state online sales and delivery. Before that date, you could advertise online but had to take orders by phone, text, or in person.
Low-risk non-perishable foods (baked goods, jams, candy, dried foods), honey, and acidified vegetables/pickles (under the $9,000 cap). Refrigerated foods are not exempt.
Your name, physical address, and phone number on the principal display panel, plus product name, ingredients, and allergens. A point-of-sale sign can substitute when the package is too small or the food is eaten on-site.
At your home, farmers markets, temporary events (up to 14 days), and roadside stands — and, as of July 1, 2026, online with in-state delivery.
Acidified vegetables and pickles are capped at $9,000 per year, raised from $3,000 by HB 759 in 2024. Other exempt foods have no cap.
No. The exemption requires no registration or inspection. You may still want a local business license for tax purposes, but the state doesn't require cottage food registration.
With no permit, no cap on most foods, and online sales arriving July 1, 2026, Virginia is becoming a much easier place to grow a home food business. Set up a Homegrown storefront so you're ready to take Virginia online orders with pickup and delivery the day HB 402 takes effect, then compare the rules in nearby states like North Carolina, Tennessee, Maryland, and West Virginia, or see the full cottage food laws by state hub.
*This guide is general information, not legal advice. Cottage food rules change — verify current requirements with VDACS before selling. Last verified: June 2026.*
