In West Virginia, you can sell homemade non-perishable foods with no license and no sales cap — and as of June 12, 2026, a new law (SB 44) lets permit-holders sell potentially hazardous (TCS) foods too. You can sell direct, online, at markets, and even to some retailers. This guide covers exactly what you can sell, how to label it, where you can sell it, and how to start.
The short version: West Virginia has no revenue cap and requires no license for shelf-stable cottage foods. SB 44, effective June 12, 2026, expanded the program: you can now obtain a "potentially hazardous cottage food vendor permit" to sell TCS foods (subject to conditions like inspection). Allowed non-perishable foods include baked goods, jams, candies, and dried goods. You can sell direct, online, at farmers markets, and even to certain retailers as long as the final sale is to a consumer. Every label needs the "private residence... exempt from State licensing and inspection" statement.
No. West Virginia has no revenue cap — no limit on your annual cottage food sales.
| West Virginia rule | Detail |
|---|---|
| Annual sales cap | None |
| License | None for non-perishable foods |
| New (SB 44, June 12, 2026) | Optional potentially-hazardous cottage food vendor permit for TCS foods (may require inspection) |
| Allowed foods | Non-TCS (baked goods, jams, candies, dried goods) + TCS with the new permit |
| Where you can sell | Direct, online, farmers markets, and certain retailers (final sale to consumer) |
| Label statement | "This product was produced at a private residence that is exempt from State licensing and inspection. This product may contain allergens." |
For non-potentially-hazardous (shelf-stable) foods, no license is needed. Thanks to SB 44 (effective June 12, 2026), you can now apply for a potentially-hazardous cottage food vendor permit to sell TCS foods — that permit may come with conditions such as an inspection. For most home sellers making shelf-stable goods, there's nothing to apply for.
West Virginia allows non-potentially-hazardous foods. Commonly sold items include:
With the new SB 44 permit, you can also sell potentially hazardous (TCS) foods. Confirm specifics with the West Virginia health authorities.
West Virginia labels must include:
A simple compliant label might read: *"Mountain State Apple Butter — [Producer], [Home Address], [Phone]. Ingredients: apples, sugar, cinnamon. This product was produced at a private residence that is exempt from State licensing and inspection. This product may contain allergens."* See our cottage food labeling guide for templates.
West Virginia is flexible. You can sell:
Because West Virginia allows online sales and retail with no cap, a real storefront helps you take orders and manage pickup without living in your DMs. Homegrown gives WV sellers an online storefront with built-in payments and pickup scheduling for $10/month at 0% commission — you keep every dollar except standard card processing. Start a free trial and have a West Virginia-ready storefront live in about 15 minutes.
With no cap and broad channels — including retail and the new TCS permit option — West Virginia doesn't limit your income; your ceiling is demand and capacity. A few ways to get the most out of it:
West Virginia's retail access plus the new SB 44 TCS permit give two growth levers — store shelves and perishable products — on top of a no-cap base.
Cottage food rules cover food safety, not the business side, and the specifics differ by state. For West Virginia: West Virginia charges 6% state sales tax plus some municipal rates; get a business registration certificate from the State Tax Department and confirm what's taxable. A few more steps worth handling before you grow:
None of these are part of the cottage food rules themselves, but handling them early keeps your business clean as it scales.
Always confirm current requirements with West Virginia health authorities.
No. There is no revenue cap on West Virginia cottage food operations.
No license is needed for shelf-stable foods. As of SB 44 (June 12, 2026), a potentially-hazardous cottage food vendor permit is available for TCS foods, which may require an inspection.
Yes, with the new SB 44 permit — subject to conditions like inspection. Shelf-stable foods need no permit.
Yes. You can sell direct, online, at farmers markets, and to certain retailers, as long as the final sale is to a consumer.
Producer name, home address, phone, the food's common name, ingredients in descending order, and the statement "This product was produced at a private residence that is exempt from State licensing and inspection. This product may contain allergens."
SB 44 (effective June 12, 2026) created a potentially-hazardous cottage food vendor permit, allowing qualified sellers to offer TCS foods without a full food-establishment permit, subject to conditions.
Without the SB 44 permit, you're limited to non-perishable (non-TCS) foods. The permit opens up potentially-hazardous foods, subject to conditions.
No license is required for shelf-stable foods. You may want a local business license and a state business registration for sales tax; the SB 44 permit applies only to TCS foods.
With no cap, no license for shelf-stable foods, and a new TCS permit option, West Virginia is welcoming to home food sellers. Set up a Homegrown storefront for West Virginia orders with pickup, then compare the rules in nearby states like Ohio, Pennsylvania, Virginia, and Kentucky, 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 West Virginia health authorities before selling. Last verified: June 2026.*
