Virginia is one of the friendlier states for home food sellers, with a kitchen exemption that has no permit, no fee, and no sales cap. The system runs through two agencies that coordinate with each other, which keeps most farmers market vendors out of the permitting process entirely. Here's how Virginia works.
The short version: Virginia splits food oversight between two agencies, VDACS (the agriculture department) for shelf-stable foods and VDH (the health department) for prepared food. Thanks to an agreement between them, most farmers market vendors selling their own products are exempt from health department permitting. Home food makers use Virginia's Home Kitchen Food Processing Exemption, which has no permit, no fee, no inspection, and no sales cap. Only vendors who cook on-site or sell beyond the exemption list need a $40 Temporary Food Establishment permit or a processing license. Almost everyone needs a free sales tax account.
The goal is getting cleared to sell. Once you are, a Homegrown storefront ($10/month, 0% commission) makes taking Virginia orders, pickups, and payments easy.
Virginia divides food oversight between two state agencies. VDACS (the Virginia Department of Agriculture and Consumer Services) handles shelf-stable food producers. VDH (the Virginia Department of Health) handles vendors who prepare food on-site or sell temperature-controlled foods, through a Temporary Food Establishment (TFE) permit.
What makes Virginia easy is the agreement between them. Under a Memorandum of Understanding, most farmers market vendors who sell their own farm-produced products are exempt from VDH permitting. You only get pulled into the VDH side if you cook or serve hot food on-site, sell foods sourced from outside your own operation, or want to serve more than a sample of manufactured products.
Virginia's Home Kitchen Food Processing Exemption, sometimes called the "Kitchen Bill" (Virginia Code section 3.2-5130), is the route most home bakers and jam makers take. It allows certain low-risk, shelf-stable foods made in a private home kitchen to be sold at farmers markets with no VDACS permit, no registration fee, no sales cap, and no inspection.
A 2024 amendment expanded where you can sell, opening it up to more events than before. Allowed foods include non-temperature-controlled baked goods, jams, acidified vegetables, honey, and certain other items. For the full list and labeling rules, see our Virginia cottage food law guide and our walkthrough on how to start a cottage food business in Virginia.
Two situations move you out of the free exemption:
If you want to make foods beyond the exemption list, you need a VDACS Home Food Processing Operation License, which is $40/year and comes with inspection. If you cook or serve food on-site at the market, or handle temperature-controlled foods, you need a VDH Temporary Food Establishment permit, which is $40, submitted at least 10 days ahead, and valid through December 31.
Separate from any food permit, if you make taxable sales you need a sales tax account, which you register for free through the Virginia Department of Taxation. Some agricultural products may qualify for exemptions, so confirm your situation.
You can offer a sample of your own farm-produced goods without a VDH TFE permit. Only vendors who want to go beyond samples of their own products, or who cook on-site, need a TFE for sampling. This keeps sampling simple for most Virginia vendors.
Start at the official sources: the VDACS farmers market vendors page for the home-food and processing rules, and the VDH Temporary Food Establishments page if you cook on-site.
Often not. Most vendors selling their own products fall under Virginia's home kitchen exemption (no permit, no fee, no cap) or are exempt from health department permitting under the VDACS-VDH agreement. You need a $40 permit only if you cook on-site, handle temperature-controlled food, or sell beyond the exemption list.
It's the "Kitchen Bill" (Virginia Code 3.2-5130) that lets you make and sell low-risk shelf-stable foods from a home kitchen at farmers markets with no permit, no fee, no inspection, and no sales cap. A 2024 amendment expanded the venues where you can sell.
VDACS (agriculture) handles shelf-stable food producers, while VDH (health) handles on-site cooking and temperature-controlled foods through a Temporary Food Establishment permit. An agreement between them exempts most farm-product vendors from VDH permitting.
$40, submitted at least 10 days before the event and valid through December 31. You need it only if you cook or serve food on-site or handle temperature-controlled foods. The Home Food Processing Operation License is also $40/year.
Yes, if you make taxable sales. Registration is free through the Virginia Department of Taxation. Some agricultural products may qualify for exemptions.
Virginia keeps it easy for most home food makers: the Home Kitchen exemption means no permit, no fee, and no cap, and the agreement between VDACS and VDH keeps most farm-product vendors out of permitting. You only pay the $40 permit if you cook on-site or sell beyond the exemption list. Get a free sales tax account either way. Once you're cleared to sell, a simple storefront makes pickups and payments easy. Set up a Homegrown storefront for $10/month at 0% commission, and check other states on our farmers market vendor permits by state guide.
*This guide is general information, not legal advice. Permit rules change. Verify current requirements with VDACS, VDH, and the Virginia Department of Taxation before selling. Last updated: June 2026.*
