
To start a cottage food business in Virginia, you confirm your product is a low-risk non-perishable food, label it with your name, address, and phone number, and start selling — there's no permit, no registration, and no inspection, and most foods have no sales cap. A new law (HB 402) legalizes in-state online sales and delivery starting July 1, 2026. This is the step-by-step playbook; for the full legal detail, see our Virginia cottage food law guide.
The short version: Virginia's Home Kitchen Food Processing 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, orders had to be placed by phone, text, or in person. Label products with your name, address, and phone number, and you can start this week.
Virginia is one of the lower-friction states because there's no permit or fee:
Most Virginia sellers start for under $150.
You can legally start the same day — there's nothing to apply for. The realistic timeline:
Virginia's exemption covers low-risk non-perishable foods: breads, cookies, cakes, and pastries (no refrigerated fillings), jams, jellies, preserves, candy, dried foods, granola, dry mixes, and honey (up to 250 gallons). Acidified vegetables and pickles are allowed under a separate $9,000/year cap. The full allowed/prohibited lists and labeling rules are in our Virginia cottage food law guide and cottage food labeling guide.
Virginia's channels expand in 2026:
Because Virginia is legalizing online ordering and delivery within the state, a real storefront is well-timed — you can take orders, payments, and delivery in one place instead of handling phone and text orders manually. Homegrown gives Virginia cottage food sellers an online storefront with built-in payments and pickup 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.
Most foods — baked goods, jams, candy, honey, dried foods — have no cap; only acidified vegetables and pickles are limited to $9,000/year. To get the most out of it:
Starting a cottage food business doesn't require an LLC, but it's worth understanding the basics: see whether you need an LLC to sell food from home and how cottage food taxes work on Schedule C. In Virginia you may also need to register for sales tax with the Department of Taxation depending on what you sell.
No. Under Code § 3.2-5130, no permit, registration, or VDACS inspection is required for exempt low-risk foods, acidified vegetables, and honey within the stated limits.
Often under $150 — there's no permit or fee, so your main costs are labels, packaging, and ingredients. An online storefront adds $10/month.
Baked goods, jams, candy, honey, and dried foods have no cap. Acidified vegetables and pickles are limited to $9,000 per year.
Starting July 1, 2026, HB 402 allows online sales and delivery within Virginia. Before that, orders had to be by phone, text, or in person.
Low-risk non-perishable foods: baked goods, jams, candy, dried foods, and honey, plus acidified vegetables and pickles (under a $9,000 cap). Refrigerated items aren't covered.
You can start the same day — there's nothing to apply for.
No. Most sellers start as sole proprietors. An LLC is optional and mainly about liability protection if you scale.
Virginia pairs no permit and no cap (for most foods) with newly legal online sales from July 1, 2026. Confirm your product, label it with your name, address, and phone, and set up an easy way for customers to order and pay. Set up a Homegrown storefront to take Virginia cottage food orders online, see the best platform to sell food from home, read the full Virginia cottage food law, and compare other states on our cottage food laws by state hub.
*This guide is general information, not legal advice. Cottage food rules change — verify current requirements with Virginia VDACS before you start selling. Last verified: June 2026.*
Selling at farmers markets? See our Virginia farmers market vendor permit guide for the permits you need on market day.
