The essentials
Virginia, at a glance
Yes.
Virginia has separate home exemptions for listed low-risk foods, qualifying acidified vegetables and certain own-hive honey. Eligible operations do not need the chapter’s food permit or pay its inspection fee. Since July 1, 2026, the low-risk and acidified routes allow online orders and in-state mail or delivery services, subject to consumer and labeling conditions.
Choose the route that fits
- Low-risk home-food exemption
- Listed non-TCS foods prepared by a resident in a private home under direct Virginia-consumer conditions.
- Acidified vegetable exemption
- Pickles and other acidified vegetables with equilibrium pH<=4.6 and no more than $9,000 calendar-year gross sales.
- Own-hive honey exemption
- Home preparation of own-hive honey, less than 250 gallons annually, with separate warning and other conditions.
- Inspected home food manufacturer
- Permitted and inspected route for home food operations outside exemptions, subject to process-specific requirements.
- Training
Section 3.2-5130 does not list a mandatory training certificate as an exemption condition; agency encourages acidified-process education.
View official sources (2)
- Code of Virginia §3.2-5130 Virginia government
- HB402 enacted Chapter605 status Virginia government
One step at a time
Your first 2 steps
Choose the correct route
Classify the complete product before choosing a sales method.
A shelf-stable cookie can fit the low-risk list; pickles need the acidified-vegetable conditions; honey from your own hives has a separate exemption. If the product or business model does not fit, use the inspected manufacturer application rather than assuming every home food is exempt.
Build a product and label file
Record the recipe, ingredients, processing date and intended Virginia customer.
Draft the applicable exemption statement and the rest of the package label. For acidified vegetables, document how you establish equilibrium pH and track those sales separately. This makes later recipe, label and annual-limit reviews much easier.
View official sources (4)
- Code of Virginia §3.2-5130 Virginia government
- Home kitchen food processing exemption FAQ Virginia government
- Manufactured food establishment permit application guide Virginia government
- Basic food labeling requirements Virginia government
Make what you love
Can you sell what you make?
These are examples. Check the complete recipe, preparation method and sales route before offering a product.
Low-risk foods cover many categories
Check the conditionsThe statutory list includes qualifying baked goods, candies, jams and jellies, dried fruit, dry herbs and mixes, nuts, vinegars, popcorn, dried pasta, roasted coffee, dried tea, cereals and granola.
The food must not require time or temperature control after preparation. A refrigerated filling can put an otherwise familiar baked product outside this exemption.
Pickles and acidified vegetables
Check the conditionsThese products use their own exemption: equilibrium pH must be 4.6 or below, and gross sales may not exceed $9,000 in a calendar year.
VDACS recommends process-authority review and appropriate process training. Treat the finished product’s equilibrium result as the relevant measurement, rather than relying only on the acidity of newly added brine.
Some canned foods remain outside
Check the conditionsThe acidified-vegetable route does not cover every sealed jar.
VDACS distinguishes it from canned fermented foods, canned fruits, low-acid vegetables and canned foods requiring refrigeration. Identify the actual product and process before applying the $9,000 exemption or borrowing a method from another type of home-canned food.
Own-hive honey has different limits
Check the conditionsThe honey exemption requires honey produced by your own hives and annual sales below 250 gallons.
Other processed foods may only accompany it when they qualify under the low-risk or acidified provisions. VDACS describes this as pure honey; infused or value-added honey is not automatically included.
View official sources (2)
- Code of Virginia §3.2-5130 Virginia government
- Home kitchen food processing exemption FAQ Virginia government
From your kitchen to your customers
Where and how you can sell
| Selling method | What matters |
|---|---|
| Online and phone orders | For qualifying low-risk and acidified foods, current law allows sales online, by phone or at any location to individuals in Virginia for their own consumption. The older agency FAQ’s online-sales prohibition predates the 2026 amendment. Use the current statute when planning ordering features, while keeping the customer and resale restrictions intact. |
| Mail and delivery services | The same two exemptions now permit in-person, mail and delivery-service fulfillment to Virginia consumers. Set delivery destinations accordingly and package the eligible food for the actual trip. This permission does not extend the exemption to interstate customers or turn a product requiring refrigeration into a qualifying low-risk food. |
| Stores, resale and consignment | Low-risk and acidified exemption products cannot be sold for resale or consignment, or offered for use or consumption in retail food establishments. A shop or restaurant buying your product is therefore different from an individual ordering for personal consumption. Discuss the inspected route before accepting a reseller arrangement. |
View official sources (3)
- Code of Virginia §3.2-5130 Virginia government
- HB402 enacted Chapter605 status Virginia government
- Manufactured food establishment permit application guide Virginia government
Your label, explained
Every field has a purpose.
Use the example to understand the structure. Follow the Virginia requirements below for your product and sales route.
Your product
name
Your product name and actual net quantity
Your complete recipe and supplier ingredients
Operation or producer name; full business address (see state notes)
The statement for your state, product and sales route
Low-risk or acidified exemption · not the honey warning
A guide to the fields, not a ready-to-print label. Use your actual product and business details.
Name it. Measure it.
Identify your product and its actual net quantity. Check the state’s formatting and unit requirements below.
Use your actual recipe.
Check every ingredient and supplier label. Use the applicable ingredient and allergen declarations for your product.
Identify your operation.
Operation or producer name; full business address (see state notes)
Use the wording for your route.
Requirements can differ by product and sales channel. Keep the disclosure, placement and type-size conditions together.
Low-risk and acidified statement
Use the current statutory wording: “NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION”.
Place the required label on the principal display panel. The low-risk provision allows a sign when packaging is too small to bear the label; the acidified provision specifies an affixed principal-panel label. Do not assume the small-package alternative applies to both.
Identity, address and processing date
For low-risk and acidified products, include the preparer’s name, physical address or post office box number, telephone number and date processed.
The PO-box option appears in current state law. Keep that exemption-specific rule separate from general manufacturer labeling guidance that still describes a full physical business address.
Honey warning and basic food information
Qualifying honey needs: “PROCESSED AND PREPARED WITHOUT STATE INSPECTION.
WARNING: Do Not Feed Honey to Infants Under One Year Old.” Standard package information still matters across the exemptions: product name, net content, ingredients and subingredients as applicable, and required allergens. Current basic guidance specifies standard and metric net-content units.
Allergens belong to the finished recipe
Identify applicable major allergens, including sesame, using the ingredient list or a suitable Contains statement.
Name the specific tree nuts. Include compound ingredients and decorations when checking the recipe. Saving supplier ingredient information with your label artwork helps catch an allergen change before a batch is packaged.
The wording for your label
Low-risk or acidified exemption · not the honey warning
View official sources (3)
- Code of Virginia §3.2-5130 Virginia government
- Home kitchen food processing exemption FAQ Virginia government
- Basic food labeling requirements Virginia government
A useful head start
Your Virginia label kit.
Editable template, example label and starting checklist.
Personalize it for your products and business.
Enter your email. Get the files immediately.
Before your first sale
A few details worth getting right.
An example
Selling cookies and pickles together
The low-risk exemption has no numerical gross-sales ceiling, while the acidified-vegetable exemption retains its $9,000 calendar-year limit.
Keep separate product-category totals and use the appropriate labels and process records. A larger cookie business does not automatically increase the amount of acidified vegetables you can sell under their exemption.
An example
Moving into the inspected route
If you want to make products outside the exemptions, submit the manufacturer application.
The current guide asks for it at least sixty calendar days before anticipated opening and requires review followed by a successful preoperational inspection. Allow time for corrections rather than treating submission alone as permission to begin manufacturing or sales.
An exemption is not immunity from inspection
Qualifying operations are exempt from routine chapter permit and inspection requirements, but VDACS may inspect when a consumer complaint is received.
Maintain accurate labels and product information. The words on the package explain the exemption; they do not prevent investigation of a safety or compliance concern.
View official sources (2)
- Code of Virginia §3.2-5130 Virginia government
- Manufactured food establishment permit application guide Virginia government
A few more answers
Common questions
Is training mandatory for the exemption?
The exemption statute does not list a training certificate among its qualifying conditions. For acidified vegetables, VDACS nevertheless strongly encourages appropriate process education and process-authority review. Those recommendations are useful when establishing a reliable recipe, and should be described as recommendations rather than invented prerequisites for every home baker.
View sources for this answer (2)
- Code of Virginia §3.2-5130 Virginia government
- Home kitchen food processing exemption FAQ Virginia government
What fees and renewals apply?
A qualifying exempt home operation does not submit the manufactured-food permit application or receive the $40 inspection invoice. The inspected route has a $40 annual inspection fee and automatic annual permit reissue while eligible. Inspected businesses changing location or ownership must submit a new application.
View sources for this answer (1)
- Manufactured food establishment permit application guide Virginia government
What if an inspected kitchen uses a well?
The inspected-route application requires a current total-coliform report from within the past year showing absence, followed by regular testing and retained results. A private sewage system also needs documentation that it suits the planned operation. These inspected-route requirements should not be copied wholesale into a checklist for every exempt home operation.
View sources for this answer (1)
- Manufactured food establishment permit application guide Virginia government
Keep it handy
Your first-sale checklist
Use this free checklist to keep track of your next steps. The conditions in this guide still apply.
0 of 2 completed · Restoring progress…
Official guidance
Sources, updates & your next step
Confirm the product with VDACS
Use the current home-and-commercial-kitchen page and contact foodsafety@vdacs.virginia.gov or 804-786-3520 with the product, process and sales model. Catering and food service belong with the Virginia Department of Health, and meat products have separate oversight. An inspected manufacturer permit is not a general catering license.
Official sources 5 references
- Code of Virginia §3.2-5130 →
Virginia government · Reviewed September 14, 2026
- HB402 enacted Chapter605 status →
Virginia government · Reviewed September 14, 2026
- Home kitchen food processing exemption FAQ →
Virginia government · Reviewed September 14, 2026
- Manufactured food establishment permit application guide →
Virginia government · Reviewed September 14, 2026
- Basic food labeling requirements →
Virginia government · Reviewed September 14, 2026
Guide updates September 14, 2026
Reviewed Virginia’s product eligibility, sales routes, starting requirements and label guidance against the official sources below. Current conditions and any dated changes are explained in the relevant sections of this guide.
View sources for this update (2)
- Code of Virginia §3.2-5130 Virginia government
- HB402 enacted Chapter605 status Virginia government
This guide is a starting point. Confirm requirements for your products and location with the relevant authority. Examples are illustrative and are not a compliance approval.