Cottage Food Laws in Virginia

Can You Sell Food and Beverage out of Your Home in Virginia?

Yes, you can sell food and beverages out of your home in Virginia. However, you will need to register the business with the local health department and comply with all relevant food safety laws and regulations.

What is the Cottage Food Law in Virginia?

The Cottage Food Law in Virginia allows individuals to produce and sell certain types of food from home. These foods must be non-potentially hazardous (meaning they do not need to be refrigerated or heated in order to remain safe) and include items such as jams, jellies, fruit butters, baking mixes, dried pasta, and more. The law does not allow for the sale of raw meats or ready-to-eat foods such as sandwiches, pizza, or tacos. Additionally, sales made under the Cottage Food Law must be made at farmers markets, roadside stands, or directly to the consumer’s home.

What is Required on a Cottage Food Label in Virginia?

In Virginia, cottage food labels must include the following information:

– Name of the food product
– List of ingredients
– Net weight or volume of the product
– Name and address of the cottage food operation
– “This food is made in a home kitchen and is not inspected by the Health Department” statement
– Allergen information, e.g. if it contains eggs, wheat, milk, soy, peanuts, tree nuts, fish or shellfish
– Use by or expiration date

Are Cottage Foods Taxable in Virginia?

Yes, cottage foods are taxable in Virginia. According to the Virginia Department of Taxation, all sales of prepared food, including home prepared and cottage foods, are subject to state and local taxes.

Do You Need to Establish a Business Entity to Sell Cottage Foods in Virginia?

Yes, you need to establish a business entity to sell cottage foods in Virginia. All cottage food operators must have a valid business license from the local government and must register with the Virginia Department of Agriculture and Consumer Services.

What Permits do You Need to Sell Food out of Your Home in Virginia?

In Virginia, a person needs to obtain a local health department permit in order to sell food out of their home. There may also be additional permits, licenses, or requirements from the state and any applicable local authorities.

Does a Cottage Food Business Need a Food Handlers License in Virginia?

No, a cottage food business does not need a food handlers license in Virginia. Cottage food businesses in Virginia are exempt from the state’s requirements for food handler certification. However, cottage food businesses may need a permit from their local health department before selling their products. Additionally, cottage food businesses should be aware of any local regulations that may apply to their operations.

How Much does it Cost to Obtain a Food Safety License or Certification in Virginia?

The cost of obtaining a food safety license or certification in Virginia depends on the type of food service operation and the number of locations. For example, a retail food establishment in Virginia will need to purchase an annual license from their local health department for $50-$70, while a limited food service operation may cost $125. Other types of food service operations may require additional licenses, such as catering and mobile food vendors. Depending on the type of operation, additional fees may also apply.

Who Regulates Food Safety in Virginia?

In Virginia, the food safety regulations are enforced by the Virginia Department of Agriculture and Consumer Services. The department is responsible for inspections, licensing, and enforcement of food safety regulations.

How Long Does a Food Handlers License Last in Virginia?

A Food Handlers License in Virginia is valid for two years from the date of issuance.

What Permits do You Need for a Food Truck in Virginia?

In order to operate a food truck in Virginia, you will need to obtain the following permits:

1. A health permit from the local health department.
2. A business license from the locality in which the food truck will operate.
3. A valid driver’s license and proof of insurance.
4. If serving alcohol, an ABC license must be obtained.
5. A valid pavement permit from the locality in which the food truck will operate.
6. A Certificate of Occupancy from the local fire department or zoning office.

What Permits do You Need for a Food Booth in Virginia?

In Virginia, any person or organization planning to operate a food booth must obtain a permit from the Virginia Department of Health, Office of Food and Nutrition Services. The permit is commonly referred to as a “temporary food service permit.” Generally speaking, you must obtain the permit before you can begin operating the booth. The specific requirements for the permit vary depending on the type of food you plan to serve. However, all applicants must submit an application, pay the applicable fee, provide proof of food safety training, and complete a food safety inspection prior to receiving the permit.

What Permits do You Need for a Cottage Food Business in Virginia?

In Virginia, cottage food businesses are classified as home processors and must obtain a Home Processor Permit issued by the Virginia Department of Agriculture and Consumer Services (VDACS). This permit is not required if a business only processes products that are non-potentially hazardous. To apply for a Home Processor Permit, applicants must submit an application form, fee, and food safety plan to the Commissioner of Agriculture and Consumer Services.

What are the Penalties for Selling Food without a Permit in Virginia?

In Virginia, it is illegal to sell food without a permit. The penalties vary depending on the type of food being sold. For example, the sale of unpackaged food without a permit may result in a misdemeanor conviction and a fine of up to $2,500, or up to 12 months in jail. For the sale of packaged food without a permit, the penalty may include a fine of up to $2,500 and/or up to six months in jail.