West Virginia Cottage Food Label Requirements

The required label statement

This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.

Exact sentence required on every product made in a home, farm or community kitchen (61 CSR 38 § 7.5.a). No point size: all required label elements must be 'of a size and style that is easily legible to the average person' (§ 7.4). Placement anywhere on the label. Non-potentially hazardous products may satisfy labeling instead by a placard at the point of sale (unpackaged/bulk items), a receipt or other document, or the web page where the item is sold online (§ 7.5.c).

What must be on your label

• Statement of identity — the common name of the product (61 CSR 38 § 7.4.a)
• Company name of the producer, packer or distributor; if the name is not the actual producer, add a statement of the relation to the product (§ 7.4.b)
• City, state and zip code of the producer, packer or distributor (§ 7.4.c) — a street address is not required by the rule
• Ingredients in descending order by weight, beginning with "Ingredients:"; single-ingredient products also need an ingredient list (§ 7.4.d)
• Net contents or numerical count in the bottom third of the primary label panel, in U.S. units followed by the metric equivalent in parentheses; honey by weight, syrups by liquid volume; hand-written net contents allowed for non-potentially hazardous products if legible (§ 7.4.e, § 7.5.b)
• Allergen statement directly below the ingredient list beginning with "Contains" — milk, egg, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame (from Jan 1, 2023); tree nuts, fish and shellfish must name the specific type in parentheses (§ 7.4.f)
• Safe handling instructions (freezing/refrigeration, minimum safe heating temperature) when applicable (§ 7.4.g); date or lot codes only where the rules require them for potentially hazardous foods (§ 7.4.h)
• Home/farm/community-kitchen statement: "This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement." (§ 7.5.a)
• Alternative for non-potentially hazardous products: placard at the point of sale (unpackaged or bulk), receipt/other document, or the internet page where the item is sold (§ 7.5.c)
• Label review by WVDA is NOT required for non-potentially hazardous home-kitchen products; it IS required for potentially hazardous home-kitchen products (§ 7.6.b) — which also need a WVDA permit (farmers market vendor permit under § 19-35-3a, or the new potentially hazardous cottage food vendor permit under § 19-40-2 from June 12, 2026)

Example: a West Virginia label for a bag of butter cookies

An illustrative worksheet with the lines West Virginia requires, and placeholders for your own details. It is not an approved product label or a tested recipe. Replace the ingredients and the measured package quantity with your actual product information.

The example ingredient order follows the input weights in our butter-cookie recipe. It does not establish the weight of a finished bag. Any additions or supplier sub-ingredients must be reflected in your own label. The statement's size on this web page is not a print-size check; compare the printed label with the rule above.

Before you print

1. Match every ingredient and sub-ingredient to your actual recipe and supplier labels.
2. Check the allergen declaration, the filled package's net quantity, and producer details.
3. Include the West Virginia statement and check its size on the final printed label.
4. Review the whole package, including any required information placed outside the Nutrition Facts panel.

West Virginia cottage food label questions

Does a West Virginia cottage food label need a home-kitchen statement?

Yes. The label must say "This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.". Exact sentence required on every product made in a home, farm or community kitchen (61 CSR 38 § 7.5.a). No point size: all required label elements must be 'of a size and style that is easily legible to the average person' (§ 7.4). Placement anywhere on the label. Non-potentially hazardous products may satisfy labeling instead by a placard at the point of sale (unpackaged/bulk items), a receipt or other document, or the web page where the item is sold online (§ 7.5.c).

Do I need a license or registration to sell cottage food in West Virginia?

No. Non-potentially hazardous foods: no licence, permit, inspection or label review (W. Va. Code § 19-35-6(a); 61 CSR 38 § 7.6), but general business-registration and tax laws still apply (§ 19-35-6(e)(4)–(5)). Potentially hazardous foods (acidified/pickled products, sauces, salsas, fermented foods, non-standard jams, TCS baked goods, infused honey, condiments, cut produce) need a WVDA farmers market vendor permit (§ 19-35-3a; process-authority approval, label review, food-safety training per 61 CSR 38 § 8) or, from June 12, 2026, a potentially hazardous cottage food vendor permit (§ 19-40-2) whose fees and conditions WVDA is to set by rule.

Is there a sales limit for West Virginia cottage food?

No annual cap is set: none — no sales cap appears in W. Va. Code § 19-35-6, § 19-40 or 61 CSR 38 (argument from silence).

Where can I sell cottage food in West Virginia?

Sold by the producer to the consumer in person or remotely, or by an agent of the producer or a third-party vendor (retail shop, grocery store); delivered by the producer, agent, third-party vendor or third-party carrier (§ 19-35-6(b)). Internet sales allowed with the label information published on the web page (61 CSR 38 § 7.5.c.3). Federal law on interstate commerce and other states' laws still apply (§ 19-35-6(e)(6)–(7)). Potentially hazardous cottage foods may be sold only within West Virginia (§ 19-40-2(b)).

Does a West Virginia cottage food label need a Nutrition Facts panel?

Not by state cottage-food law unless a nutrient content or health claim is made; the federal small-business exemption usually applies. If you choose to print a panel, it has to be complete and correctly formatted.