Cottage food label requirements in West Virginia
Direct sale of homemade food items (cottage food), W. Va. Code § 19-35-6 (SB 285, 2019); W. Va. Code §§ 19-40-1 to 19-40-6 (SB 44, 2026, potentially hazardous cottage foods, eff. June 12, 2026). Regulated by West Virginia Department of Agriculture. Checked against state sources on .
The statement your label needs
This product was produced at a private residence that is exempt from State licensing and inspection. This product may contain allergens.
No type-size rule stated for the statement; keep it clearly legible.
What is different in West Virginia
- Delivery allowed by producer, agent, third-party vendor or third-party carrier
- Third-party vendors such as retail shops may sell homemade items
- SB 44 (2026) adds permit track for potentially hazardous cottage foods, sold only within WV
- Statute does not exempt sellers from other states' laws
- Permit
- No permit or registration for most baked goods. Non-potentially hazardous homemade foods exempt from state licensing, permitting and inspection. Potentially hazardous cottage foods require a WVDA permit under SB 44 (2026) with kitchen inspection and food safety training per WVDA.
- Sales cap
- No annual sales cap found in state sources
- Where you can sell
- Producer to consumer in person or remotely, or through an agent or third-party vendor such as a retail shop or grocery store.
- Online orders
- Yes
- Ship in state
- Yes
- Ship out of state
- Not addressed clearly by state sources
- Sell to shops / cafés
- Yes
- Allowed foods
- Non-potentially hazardous homemade foods (no meat or poultry except under federal exemptions); potentially hazardous cottage foods (excluding meat, poultry, seafood, Grade A dairy) allowed with WVDA permit since June 12, 2026.
What a West Virginia cottage food label must show
- Name, home address, and telephone number of the producer
- Common or usual name of the homemade food item
- Ingredients in descending order of predominance
- The required statement (above)
- Placement: label on package or bulk container, placard at point of sale if unpackaged, webpage for internet sales, or receipt/document given to customer
Federal rules still apply on top: ingredients in descending order by weight (21 CFR 101.4), the nine major allergens declared by name (FALCPA and the FASTER Act), and net quantity in ounces and grams (21 CFR 101.7). West Virginia allows cottage food orders online or by phone. Shipping within the state is allowed, and shipping to other states is not addressed (selling across state lines also brings in federal rules).
Make a West Virginia label now
The West Virginia statement is already on it. Type your ingredients, tick the allergens and print on Avery sheets or a thermal roll. To have the ingredient order and allergens worked out from a costed recipe, use the workbench.
Still missing: business name and address.
Print at 100% scale with no margins. Check the result against West Virginia’s rules above before selling.
True size. West Virginia statement.
West Virginia cottage food questions
What statement has to be on a West Virginia cottage food label?
West Virginia requires: “This product was produced at a private residence that is exempt from State licensing and inspection. This product may contain allergens.”.
Do I need a permit to sell baked goods from home in West Virginia?
No permit or registration for most baked goods. Non-potentially hazardous homemade foods exempt from state licensing, permitting and inspection. Potentially hazardous cottage foods require a WVDA permit under SB 44 (2026) with kitchen inspection and food safety training per WVDA.
Is there a sales limit for cottage food in West Virginia?
No annual cap appears in the state sources we checked. No cap in statute.
Can I sell cottage food online or ship it in West Virginia?
West Virginia allows cottage food orders online or by phone. Shipping within the state is allowed, and shipping to other states is not addressed (selling across state lines also brings in federal rules).
Sources
- SB 285 (2019) enrolled, adding W. Va. Code § 19-35-6 (statute)
- SB 44 (2026) enrolled, W. Va. Code §§ 19-40-1 to 19-40-6 (statute)
- West Virginia Department of Agriculture (agency)
Checked October 17, 2026. This is a checklist built from the sources above, not legal advice. Rules change; your county or the agency has the final word. Spotted something out of date? The about page explains how we check.
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